SECTOR 3 Broadcasting regulation is transparent and independent; the State broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. Legislation on the audio-visual industry is relatively non-restrictive. Based on the prevailing legislation, it may be inferred that there are no harsh restrictions except when necessary in a democratic society. The Press Code, the organic Law on the HAAC and the law on electronic communication also take into account legislation on audio-visual media. According to Article 34 of the Press Code, cited by the panel, “information or messages of any kind intended for the public that are disseminated throughout the national territory by means of telecommunications, signs, writing, images or sounds are deemed to constitute audio-visual communication.” Article 35 of the same code specifies that “communication also includes any transmission of images over the national territory, any publication or dissemination of information via satellite, cables, data transmission network, telephone or any new information or communication technology intended for the public.” Article 45 of the law on the HAAC provides that the HAAC grants installation and operating licences to radio and television broadcasting companies, taking into account: • • • • • • 92 the public interest of each project the prime importance of a diversification of operators in order to safeguard pluralism and a variety of socio-cultural expressions and schools of thought; the need to prevent abuse of market dominance and any practices that might hamper free competition experience gained by the applicant in communication activities funding and service operation expectations as regards sharing advertising resources between audio-visual communication companies; direct or indirect shareholdings held by the candidate in the share capital of one or several communication companies; AFRICAN MEDIA BAROMETER TOGO 2017