On Tuesday, August 22, 2023, the High Authority of Audiovisual and Communication (HAAC-Togo) came under the spotlight following insulting remarks made towards the Beninese President, Patrice Talon, on the Togolese channel Direct 7. While Benin expressed its outrage and called for HAAC-Togo to intervene, the latter chose to strictly adhere to the law, thus asserting its autonomy and independence, qualities often criticized in its Beninese counterpart.
Recently, President Patrice Talon fell victim to insults on a Togolese television station named Direct 7. He was referred to as “gayman” by a guest on that media outlet. Following this incident, voices were raised in Benin to denounce the incident and call for the High Authority of Audiovisual and Communication (HAAC-Togo) to take legal action against the media in question.
In an official statement dated August 18, HAAC-Togo declined to comply with this request, citing existing legal provisions. According to Article 167 of the Press and Communication Code, any public offense towards foreign heads of state is subject to a fine ranging from 2,000,000 to 5,000,000 CFA francs. However, Article 66 of the Organic Law related to HAAC stipulates that, except for certain offenses, anyone can approach HAAC for a violation of press legislation with the aim of reaching an amicable settlement.
Furthermore, Article 176 of the same code specifies that prosecution for crimes and offenses committed through the press falls under the jurisdiction of the public prosecutor’s office, except in certain specific cases. For offenses against foreign heads of state, prosecution can only be initiated upon request from the offended parties, addressed to the Ministry of Foreign Affairs and Cooperation, which then forwards it to the Ministry of Justice.
Prosecution for offense or insult against foreign heads of state, members of a foreign government, heads of missions, and members of the diplomatic corps accredited in Togo will take place upon request of the offended or insulted parties. The request is addressed to the Ministry of Foreign Affairs and Cooperation, which then forwards it to the Ministry of Justice…
In light of these provisions, it is up to the Beninese authorities, if they deem it necessary, to file a diplomatic complaint against Direct 7. HAAC-Togo, while emphasizing its independence from any authority or pressure, has affirmed that it cannot, under the current circumstances, hold Direct 7 accountable for defamation.
A “shame” for Benin? Once known for being a country of free expression, Benin has recently been criticized by its political authorities, causing a freefall in its ranking by Reporters Without Borders and becoming the subject of ridicule by its immediate neighbors, including Togo. The decision of HAAC-Togo highlights the crucial importance of respecting protocols and laws in communication and press matters, as well as the imperative need for institutions to remain neutral, impartial, and independent in the face of external pressures.
By strictly adhering to the law, HAAC-Togo has demonstrated its ability to withstand external pressures, including those coming from Benin. This firm stance undoubtedly aims to teach Benin a lesson about respecting procedures and to convey the importance of this in a self-proclaimed democratic country.
Furthermore, the independence of media institutions from external pressures is essential to preserve their capacity to act as a counterbalance to abuses of power and injustices. When media are influenced or controlled by specific interests, they risk losing their objectivity and becoming vehicles of propaganda, undermining the public’s right to be informed honestly and reliably.
