SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the Constitution and supported by other pieces of legislation. Legal texts and regulations such Articles 25 and 26 of the Constitution guarantee and protect freedom of expression in Togo. Article 25 provides that “every person has the right to freedom of thought, conscience, religion, cult, opinion and expression”. Article 26 provides that “every person has the right to freedom of expression and broadcasting by word, print or any other means, his/her opinions or information that he/she holds, within the boundaries defined by law”. The legal arsenal of the country includes other statutory instruments on the freedom of expression. According to the panel, the Press and Communication code adopted in1998 and amended in 2002, 2002 and 2004, and the organic Law establishing the High Authority for Audio-visual and Communication (HAAC), are there to guarantee and protect freedom of expression. Furthermore, Article 1 of the Press and Communication Code stipulates that print media and audio-visual communications are free. But the following Article (2) cited by the panel specifies that “this freedom is exercised within the limits, specifically of: • • • • • • • ethics with regard to information and communication human dignity free enterprise respect for the pluralistic expression of schools of thought and opinion the imperatives of national defence and security public service requirements the need to develop an audio-visual industry.” Article 4 of the Press Code makes reference to the protection of press freedom. To illustrate this, the panel quotes some of its content in the following terms: “... No natural or legal person will be allowed to have direct or indirect control over more than 20% of publications or of radio or television channels”. 68 AFRICAN MEDIA BAROMETER togo 2017