The Media Foundation for West Africa (MFWA) and its national partner organisations in West Africa have welcomed the decision of the Ivorian government to withdraw the controversial press bill, sections of which sought to criminalise speech.

It would be recalled that on May 5, 2017, the Ivorian government introduced in Parliament a press and audiovisual bill to be considered for passage on May 31, 2017.

Following the laying of the bill before the Ivorian Parliament, the Media Foundation for West Africa (MFWA) and its national partners in West Africa petitioned President Alassane Ouattara on May 22, asking him to intervene to ensure the withdrawal of portions of the bill that were considered repressive. The MFWA and its partners were particularly concerned about Article 90 of the bill which proposes fines of up to 3,000,000 francs CFA (US$4,988) and up to five years in prison for certain press offenses.

On May 29, 2017, the government announced its decision to withdraw the bill for further consideration following concerns raised.

 “Having heard the concerns of the people, the government has decided to give itself some more time before passing the press and audiovisual bill. This will enable the government some space to listen to, analyse the criticisms and subject the bill to the necessary scrutiny for a text of this kind,” said the Ivorian Minister of Communication and Digital Economy, Bruno Nabagné Kone.

The MFWA and its partner organisations commend President Alassane Ouattara and the Ivorian government for responding favourably to public concerns and our petition and withdrawing the bill.

‘’The withdrawal of the bill is a welcome news. It is indeed a sign of a progressive and listening government. We, however, hope it is not just a means of calming down tempers so the bill can be reintroduced later and passed with all the repressive elements still present’’, said Executive Director of MFWA, Sulemana Braimah.

The MFWA encourages the government to adopt a multi-stakeholder approach in reviewing the bill to ensure that the interests of both the state and the public, particularly the media, are protected.

The Media Foundation for West Africa (MFWA) and its national partner organisations in the West Africa region, have petitioned President Alassane Ouattara of Cote d’Ivoire to use his good office to ensure that sections of the country’s new press bill that seek to criminalise press offences are annulled.

In the petition addressed to President Alassane Ouattara on May 22, 2017, the MFWA and its national partner organisations in the sub-region expressed deep concern about sections of Article 90 of the new bill which seeks to impose a prison term of one to five years and/or a fine of 300,000 to 3,000,000 Francs CFA (US$ 511 to US$4,988) for press offences.

The petitioners highlighted possible ramifications of sections of Article 90 and therefore called on the President to intervene.

“Article 90 would be liable to a broad range of subjective interpretations, and could be exploited by powerful people and politicians to harass, threaten and intimidate journalists and media organisations, thus compelling them to impose auto-censorship, and undermining their ability to freely carry out their mandate as the fourth estate,” read the petition.

The petitioners also urged President Alassane Ouattara “to ensure that article 90 of the new press bill is withdrawn to avoid a situation where the Ivorian media will be practicing in fear.”

The press bill was introduced in the Ivorian Parliament on May 5, 2017 and is being considered for passage on May 31, 2017.

The MFWA appeals to the government of Côte d’Ivoire to ensure that sections of the New Press bill that seek to stifle freedom of expression rights of journalists and the citizenry at large are deleted from the pending Bill.

Kindly read the full petition below:

May 22, 2017

Petition for the Withdrawal of Article 90 of the New Press Bill

Your Excellency,

We, the Media Foundation for West Africa, together with the undersigned freedom of expression organisations, wish to express our deep concern about the new press bill presented to the Ivorian Parliament on May 5, 2017 to be considered for passage on May 31, 2017.

Sir, we are particularly concerned about Article 90 of the Press Bill which impose a prison term of one to five years and a fine of 300 000 to 3 000 000 francs CFA for “anyone who by means of press or by others means of publication: incite to theft and vandalism, murder, to set fire to and destroy, by which ever means, public or private propriety; to any forms of violence against individuals and institutions or on their properties, or justifies the same crimes or offences; who incites to xenophobia, hateful speech, racial hatred and all forms of hate speech; glorifies war crimes, crimes against humanity, genocide crimes or collaboration with the enemy, incites military and security forces to insubordination and rebellion, acts against the national territorial integrity, internal and external security of the state»

Indeed, the above-cited provision of the Press Bill, which seeks to criminalise press offenses, is only a replication of Articles 174 and 175 of the Ivoirian Criminal Code which adequately cover these offenses.

We recognise that journalists are not above the law and so the provisions of Articles 174 and 175 of the Criminal Code apply to them as well.

Consequently, the introduction of new laws specifically targeting the press is disturbing, as it suggests a new resolve by the authorities to bare their teeth at the media. Moreover, the new bill seeks to replace the existing press law of 2004, which makes it clear that press offences shall not be liable to prison sentences. This clearly is a huge step backwards for press freedom in Cote d’Ivoire.

Another issue of concern is that the controversial Article 90 would be liable to a broad range of subjective interpretations, and could be exploited by powerful people and politicians to harass, threaten and intimidate journalists and media organisations, thus compelling them to impose auto-censorship, and undermining their ability to freely carry out their mandate as the fourth estate.

In view of the above, we urge your Excellency to intervene to ensure that article 90 of the new press bill is withdrawn to avoid a situation where the Ivorian media will be practicing in fear.

The recent political crisis in Cote d’Ivoire put the media in under severe strains from which it is gradually emerging.

We would therefore urge the government to rather engage the leadership of the media in Cote d’Ivoire on how the two sides can work together to address the myriad challenges confronting the press in the country.

As freedom of expression organisations, we will continue to do our part in promoting professionalism and compliance with the ethics of the profession by all media houses and media professionals. In return, we humbly request from your government the necessary goodwill, respect and protection for media freedom.

In view of the above observations, we, undersigned organisations believe that you would appreciate the need to cause the withdrawal of the controversial article.

Your Excellency, we believe that you are sincerely committed to promoting fundamental freedoms and the enjoyment of civil, political and press freedom in Cote d’Ivoire. We therefore trust that you would appreciate the urgent need to withdraw Article 90.

While awaiting a favourable response to this petition, please accept, Mr. President, our deepest respect.

Signed:

International Press Centre (IPC) – Nigeria

L’Observatoire de la Déontologie et de l’Ethique dans les Médias (ODEM)-Benin

Media Reform Coordinating Group (MRCG-SL)-Sierra Leone

Sindicato De Jornalistas e Tecnicos De Comunicacao Social Guinea Bissau (SINJOTECS) – Guinee-Bissau

Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH) – Togo

Centre National de Presse – Norbert Zongo (CNP-NZ) – Burkina Faso

La Convention Des Jeunes Reporters du Sénégal (CJRS) – Sénégal

Centre for Media Studies and Peace Building (CEMESP) – Liberia

Observatoire Nigérien Indépendant des Médias pour l’Ethique et la Déontologie(ONIMED) – Niger

Media Foundation for West Africa (MFWA) – Ghana

Observatoire de la Liberté de la Presse, de l’Ethique et de la Déontologie (OLPED) – Cote d’Ivoire

The Gambia Press Union (GPU) – Gambie

Réseau Guinéen des Journalistes contre la Corruption et pour la Promotion de la Bonne Gouvernance (REGUIJOC)-Guinée

On May 5, 2017, authorities in Cote d’Ivoire introduced to the country’s Parliament a new media Bill containing provisions that criminalise press offences. The introduction of the Bill occasioned spontaneous protests and condemnation by the media and press freedom community in the country.

On May 3, 2017 as the world celebrated press freedom day, members of the Ivorian media fraternity and free expression advocates marched to denounce the imminent introduction of the controversial law. The development is considered a major roll back of gains that had been made in improving press freedom in the ongoing post-conflict democratic processes.

Sections of the new Bill prescribe prison terms of up to three years for certain offences. The Bill when passed into law will also allow for the imposition of fines of up to 3,000,000 CFA Francs (approximately US$4,988) for other offences. In a country where press freedom is already challenged by a number of legal and non-legal restrictions, the Bill, when passed into law, could have a further chilling effect on the media.

A provision in the new Bill deemed be very broad states that a person “is liable to a prison term of one to five years and a fine of 300,000 to 3,000,000 CFA Francs, anyone who by means of press or by others means of publication: incite to theft and vandalism, murder, to set fire to and destroy, by which ever means, public or private propriety; to any forms of violence against individuals and institutions or on their properties, or justifies the same crimes or offences; who incites to xenophobia, hateful speech, racial hatred and all forms of hate speech; glorifies war crimes, crimes against humanity, genocide crimes or collaboration with the enemy, incites military and security forces to insubordination and rebellion, acts against the national territorial integrity, internal and external security of the state.”

While it would seem logical that anyone, including journalists, who commits any of above offences should answer for their actions, the above provision is open to a wide range of subjective interpretations and can be exploited by politicians and influential people to settle scores with critical journalists. This in turn has the potential to compel the media into self-censorship.

Again, Articles 174 and 175 of the Ivorian Criminal Code adequately take care of such infractions. A new bill specifically targeting the media is therefore alarming as it suggests a new resolve by the authorities to “deal with’’ the media.

The provisions of the intended new media law is particularly worrying giving that it seeks to replace the existing press law of 2004, which makes it clear that press offences shall not liable to prison sentences.

“We are worried about the intended law; there are some articles which are disturbing in this new bill,” said Moussa Traoré, president of Cote d’Ivoire National Union of Journalists (Union Nationale des Journalistes de la Cote d’Ivoire – UNJCI).

The MFWA is worried about the intended introduction of the repressive legislation. “Already, the Ivorian media have been going through many forms of repression including regular suspension of media outlets by regulatory bodies and attacks on journalists,” said Sulemana Braimah, Executive Director of the MFWA.

The intended law is a piece of legislation that will further cripple the media in the country and that will not bode well for the ongoing post-conflict recovery and the democratic consolidation processes in Cote d’Ivoire. The MFWA urges the Ivorian authorities to remove from the Bill, provisions that criminalise media and speech offences. The MFWA also urges the media community and other actors to prevail on the authorities to focus on improving media freedom in the country rather than adopting measures that will further constrict an already repressed media environment