SECTOR 1

are also cultural limitations, as in the Adjigo community, where a certain type of
free expression is restricted.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

2.9 (2013 = 2.4, 2010 = 2.4)

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets, libel acts, legal requirements that restrict the entry into
the journalistic profession or laws that unreasonably
interfere with the functions of media.
Although journalists are not sent to prison for offences committed in the exercise
of their profession, they may be convicted and fined by a magistrate. This fact is
confirmed by a panellist who recalls a case brought before the court against a
press agency. But no custodial sentence was pronounced by the judge. The press
agency was sentenced to pay damages amounting to CFA francs 200 million (USD
360,310).
Generally speaking, damage awards are disproportionately high. For instance,
one press agency was sentenced to pay CFA francs 800 million (USD 1,445,608).
Hence, a panel member referring to Article 497 of the new Criminal Code, says
that the magistrate ruling on press offences, becomes a kind of superman, who
keeps journalists awake at night. This Article imposes a fine of between CFA francs
500,000 and 2 million (USD 900 to 3,600) and a prison sentence of between 6
months and 2 years for broadcasting or publishing mendacious reports. Another
panellist, speaking in defence of the Article, asserts that the media should not
publish false information.
Panel members noted that international legislation imposes certain restrictions
on freedom of expression, which are not excessive. However, the fundamental
debate is really centred on the provisions of Article 497 of the new Criminal Code

AFRICAN MEDIA BAROMETER TOGO 2017

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Select target paragraph3