It is the Togolese journalists who deserve the credit for this year’s progress, as they have defied fear and threats to provide the public with quality news and have been perhaps too outspoken, particularly with respect to politics, human rights, and the breaches of democracy and the rule of law. TOGO 396 MEDIA SUSTAINABILITY INDEX 2010 INTRODUCTION OVERALL SCORE: 1.62 TOGO In 2010, the Togolese press gained a little more freedom, although Togo’s overall MSI score of 1.62 increased just slightly over last year’s average of 1.54. It is the Togolese journalists who deserve the credit for this year’s progress, as they have defied fear and threats to provide the public with quality news and have been Iperhaps too outspoken, particularly with respect to politics, human rights, and the breaches of democracy and the rule of law. Togolese journalists tackled economic and development issues in investigative reports on government spending, particularly the spending of the president of the republic, and the cost of public works. While sometimes these articles may have lacked the consistency required by professional news providers, they must be praised for breaking taboos, raising public awareness, and causing public authorities to start exercising some restraint in making certain decisions. Feeling threatened as a result, the government tried to toughen up the law of the Haute Autorité de l’Audiovisuel et de la Communication (HAAC) to allow this institution to muzzle the press. Journalists fought against this law that would have given HAAC the tools to ban shows, shut down radio stations and television channels, and withdraw the operating licenses of newspapers. The amendment of this law finally took place at the Assemblée Nationale in December 2009, but it ultimately happened with input from the media associations. Over the course of 2010, a number of journalists faced brutality and harassment. In January 2010, a protest march was organized by the association Journalistes for Human Rights (JDHO) to denounce the attack of the security forces against the journalist Gilles Gbagba, who at the time was working for Radio Metropolys and who was brutally stopped by a police squad led by the general director of the National Police Force, Yark Damehane. Shortly after the results of the March 4 presidential elections were announced, many journalists became the targets of physical attacks, death threats, and all kinds of intimidation. Most of them were mistaken for demonstrators demanding to know the truth about the election results. Many media outlets were also directly summoned to appear before the District Court and ended up being fined for higher damage amounts than the press code provides for, showing that the judges overstepped the law and used the criminal code instead. As a result, the tri-weekly newspaper, Golfe Info, was sentenced to pay XOF 83 million ($167,000), and a number of other papers were also subjected to high fines. Fortunately, some of these judgments were withdrawn at the last minute under public pressure. Despite obvious intimidation, the Togolese press has ignored all threats and has become all the more determined to spread the news. Overall, the MSI results of the panel discussions of November 12, 2010, clearly show that in Togo, freedom of speech and the freedom of the press are alive and protected by legislation. The difficulty consists in getting the institutions of the republic to properly enforce the laws. TOGO 397 TOGO AT A GLANCE GENERAL MEDIA-SPECIFIC > Population: 6,961,049 (2011 est., CIA World Factbook) > Number of active print outlets, radio stations, television stations: Print: 400 regularly registered publications, out of which 45 are currently > Capital city: Lomé operational; Radio Stations: 98 registered radio stations, 96 operational > Ethnic groups (% of population): African (37 tribes; largest and countrywide; Television Stations: 8 registered television stations, 6 fully most important are Ewe, Mina, and Kabre) 99%, European and operational, 2 on test transmission Syrian-Lebanese less than 1% (CIA World Factbook) > Newspaper circulation statistics: N/A > Religions (% of population): Christian 29%, Muslim 20%, indigenous > Broadcast ratings: N/A beliefs 51% (CIA World Factbook) > News agencies: The Togo News Agency (state-owned) ACP-Inter and > Languages: French (official and the language of commerce), Ewe and Savoir-news (private) Mina (the two major African languages in the south), Kabye (sometimes spelled Kabiye) and Dagomba (the two major African languages in the > Annual advertising revenue in media sector: N/A north) (CIA World Factbook) > Internet usage: 356,300 (2009 est., CIA World Factbook) > GNI (2010-Atlas): $2.957 billion (World Bank Development Indicators, 2011) > GNI per capita (2010-PPP): $790 (World Bank Development Indicators, 2011) > Literacy rate: 60.9% (male 75.4%, female 46.9%) (2003 est., CIA World Factbook) > President or top authority: President Faure Gnassingbe (since May 4, 2005) Unsustainable, Anti-Free Press (0-1): Country does not meet or only minimally meets objectives. Government and laws actively hinder free media development, professionalism is low, and media-industry activity is minimal. MEDIA SUSTAINABILITY INDEX: TOGO Unsustainable Mixed System (1-2): Country minimally meets objectives, with segments of the legal system and government opposed to a free media system. Evident progress in free-press advocacy, increased SUSTAINABLE professionalism, and new media businesses may be too recent to judge sustainability. Near Sustainability (2-3): Country has NEAR progressed in meeting multiple objectives, with legal norms, professionalism, and SUSTAINABILITY 2.43 the business environment supportive of 2.31 independent media. Advances have survived 2.10 2.07 2.05 changes in government and have been 1.93 1.91 1.90 codified in law and practice. However, more 1.67 SUSTAINABILITY 1.61 1.58 time may be needed to ensure that change is MIXED SYSTEM 1.57 UNSUSTAINABLE 1.46 enduring and that increased professionalism 1.30 1.31 and the media business environment are 1.14 1.08 1.09 1.04 sustainable. 0.84 Sustainable (3-4): Country has media that UNSUSTAINABLE 2006-07 are considered generally professional, free, ANTI-FREE PRESS 2006-07 2006-07 2008 2009 2006-07 2008 2009 2006-07 2008 2009 2006-07 2008 2009 2010 2010 2010 2010 2008 2009 2010 and sustainable, or to be approaching these FREE PROFESSIONAL PLURALITY OF BUSINESS SUPPORTING SPEECH JOURNALISM NEWS SOURCES MANAGEMENT INSTITUTIONS objectives. Systems supporting independent media have survived multiple governments, OBJECTIVES economic fluctuations, and changes in public opinion or social conventions. 398 MEDIA SUSTAINABILITY INDEX 2010 OBJECTIVE 1: FREEDOM OF SPEECH The Togolese law provides no provisions Togo Objective Score: 2.10 with respect to cyber-crimes, which is why for the time being no Internet The score of Objective 1 clearly shows that a proper legal and provider or website hosting service has institutional framework guaranteeing the freedom of the press does exist in Togo, but in reality there are many obstacles been brought before a court. hindering the freedom of the press. Legal and social protection measures for the freedom of the press exist, but they are not and sometimes neglected by the judicial power and the properly enforced, which explains the score of 2.10. institutions of the Republic. The Togolese constitution protects the freedom of speech The panelists said that the process of granting broadcast and the freedom of the press. Article 26 provides that the media licenses is not fair, often politically biased, and freedom of the press is recognized and guaranteed by the definitely not based on free competition. Under the law, state and protected by the law. According to the same HAAC is supposed to be the license granting agency, while article, the press cannot be subject to prior authorization the Autorité de Réglementation des Télécommunications et or censorship or other hindrances. Any decision to stop the Postes (ARTP) assigns the audiovisual frequencies. In reality, distribution of any publication can and must only be enforced the ARTP is the political agency within the Ministry of based on a court order. Telecommunications that grants frequencies in exchange for This constitutional provision is repeated in the press and royalties. If a media outlet is not in the orbit of the political communications code, which asserts that the written press regime, it is very difficult for it to receive frequencies. For and audiovisual communications are free, subject to their example, while they have been saying for more than two compliance with legal provisions. In addition to these years that no more frequencies were available in the capital measures, there is an organic law that regulates the creation of Lomé, Radio City FM (owned by the Minister of Land and operation of the Haute Autorité de l’Audiovisuel et de Administration and Local Collectivities) easily obtained a la Communication (HAAC), the national media regulation frequency. Meanwhile, other applicants were instructed to go agency. Therefore, Togo has an entire legal arsenal to through a useless application process. protect the freedom of speech and the freedom of the press. Access to the market and the tax situation of the media are Tragically, however, the legislation is improperly enforced subject to the same rules as any other business; however, the media in Togo are not harassed by the tax authorities. The LEGAL AND SOCIAL NORMS PROTECT AND PROMOTE Togolese audiovisual media effectively pay annual taxes in the FREE SPEECH AND ACCESS TO PUBLIC INFOrmatiON. form of royalties ranging from XOF 400,000 to XOF 700,000 ($800–$1,400), depending on the location of the radio FREE-SPEECH INDICATORS: station—in the provinces or the capital. Television stations > Legal and social protections of free speech exist and are enforced. pay between XOF 700,000 and XOF 1,200,000 ($1,400–$2,420).