Togo: New law decriminalises press offences

IFEX - News from the international freedom of expression community
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ALERT - TOGO

27 August 2004

New law decriminalises press offences

SOURCE: Reporters sans frontières (RSF), Paris

(RSF/IFEX) - RSF has welcomed reforms passed by the Togolese National
Assembly amending the press and communications law so that press offences
are no longer punishable by prison terms.

In a 24 August 2004 extraordinary session, Parliament unanimously adopted
the draft law. The new text replaces the 25 September 2002 law, previously
considered one of the most repressive in Africa. Thirty-four of its 112
articles were amended and four repealed.

The law's major advance is the abolishing of prison sentences for press
offences such as defamation and insult. Heavy fines of up to five million
CFA francs (approx. US$9,200), however, remain. Nonetheless, the new law is
considered much more liberal and respecting of press freedom than its
predecessor.

"Even if the authorities in Togo have taken this step solely under pressure
from the European Union (EU), we welcome this reform of the press code that
will bring hope to every journalist in the country," said RSF.

"We will, however, remain vigilant and wait to see how the law is applied.
In fact, prison sentences are still in place in cases of journalists found
guilty of incitement to theft, murder, racial hatred or subverting the
security forces from 'their duty to their country'."

"If judges apply too broad an interpretation of these notions, there is the
danger that journalists who are critical or provocative could still find
themselves victims of arbitrary imprisonment," the organisation added.

Amendment of the press and communication law was among the Togolese
government's commitments in Brussels on 14 April 2004, with a view to
resuming cooperation between Togo and the EU, broken off in 1993 because of
a weak Togolese democracy.

On 28 April, Communications Minister Pitang Tchalla set up an 11-member
reform commission drawn from journalists' organisations and unions, the
Communications Ministry, the Togolese media observatory and the broadcast
and communications authority. The new law passed by Togolese
parliamentarians almost exactly mirrors the results of the commission's
work.

Another advance in the new law is the repeal of all articles allowing the
interior minister to decree seizures or closures of newspapers, which had
given rise to many abuses in the past. This role has now been given to the
state prosecutor, who will be required to justify such decisions in advance.

One article of the draft law, in particular, was intensely debated. Article
104, which abolishes the use of custody for press offences, was withdrawn
during its passage through Cabinet on 21 July, then reinstated after lengthy
negotiations before the law commission on 6 August.

For further information, contact Jean-François Julliard at RSF, 5, rue
Geoffroy Marie, Paris 75009, France, tel: +33 1 44 83 84 84, fax: +33 1 45
23 11 51, e-mail: [email protected], Internet: http://www.rsf.org

The information contained in this alert is the sole responsibility of RSF.
In citing this material for broadcast or publication, please credit RSF.
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