However, it is possible for the declarant to apply to the administrative Court of
appeal if the delay in issuing the formal confirmation exceeds six months.
The law protects confidential sources of information. But this does not prevent
the judge from attempting, sometimes in an insidious fashion, to discover the
information sources of journalists who are arraigned before the courts.
Access to public information is guaranteed by law, and in particular, by Article
71 of the Press Code. And by the 2016 Act on Access to information and public
documents. But in practice, access is difficult. The reasons put forward to justify
the restrictions to free access, include the duty of discretion imposed on civil
servants, national security, national defence, the right to privacy, etc. In fact, only
the communiqué of the Council of Ministers is freely accessible. Nevertheless, the
launch of the Ministry of Economy and Finances e-portal has enhanced openness
in this regard.
No authorisation is required to create a website or a blog. However, the revision
of the Press Code could change this situation again.
In Togo, civil society defends the media. Even if it considers that it is often unjustly
attacked by other citizens. For instance, civil society took part in a demonstration
demanding the re-opening of two media outlets that had been closed by the
Authority.
Today, civil society feels excluded from the legislative process of media legislation,
which was not the case up until 2009. Citizens feel that the State only consults
with organisations that support it. However, media associations have managed to
put pressure on the government so that they are now consulted in the Press Code
implementation process.
There are many sources of information in Togo. In addition to the mobile phone
and internet, the country has at least 400 declared newspapers of which only a
dozen are published regularly. The national daily (state-owned) newspaper sells
twelve thousand copies. There are 75 radio stations and 7 television stations for
a population of about 7 million people. State radio covers the entire national
territory.
Citizens have free access to national and international media. International audiovisual media services have to pay a fee for the use of the radio frequency spectrum.
Official government publications are subject to interference from public authorities.
This interference often comes from over-zealous high-ranking officials.
The ownership of Media companies suffers from a lack of transparency. The
names given are not always those of the real owners. This situation sometimes
leads to unexpected outcomes. For instance, the managing editor of Focus Infos
was declared as the owner, although the real owner was living in Belgium. Both

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