The exercise of the right to freedom of thought, opinion and
expression is governed by Act n° 60-12 of 30 June 1960 on press freedom
and Act 97-010 of 20 August 1997 pertaining to the liberalisation of the
audio-visual environment and special penal provisions relative to breach of
press and communication laws.
In order to ensure compliance with ethical rules and values, media
practitioners set up the Observatory for Media Deontology and Ethics
(OMDE) in 1998 and a Code of conduct for the Beninese media.
This organ is charged with defending press freedom, protecting the
right of the public to free, comprehensive, honest, and accurate
information, ensuring the safety of journalists whilst exercising their
duties; it may seize itself or be seized by any other person who believes his
rights have been infringed on by the publication of information by a given
medium or by a breach of the code of conduct and ethics. The United
Nations Human Rights Committee for its part did recommend that
journalists no longer be liable to serve prison sentences for breach of the
press laws, during the consideration of the Benin report on the
implementation of the International Covenant on Civil and Political Rights
in October, 2004.
These recommendations were taken into consideration in the bill
relative to the information and communication code.
Meanwhile, the High Audio-Visual and Communication Authority
ensures compliance with the code of conduct by the media while protecting
press freedom and serves as the regulatory organ. The Authority may seize
itself or be seized.
Regarding other public freedoms, they are laid down in article 25 of
the Constitution which stipulates as follows:
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