Nevertheless, positive signs are emerging, such as efforts to professionalize certain media (written as well as broadcast), the gradual awakening of the state media, and the appearance of journalism and communication schools. TOGO 410 MEDIA SUSTAINABILITY INDEX 2012 INTRODUCTION OVERALL SCORE: 1.60 TOGO The panel shed new light on the difficulties, and also the progress, of the Togolese press, whose legitimate ambition is to participate, in its own way, in the effort of national development and the strengthening of democracy. Indeed, despite the existence of pioneering legal texts, the Togolese press remains hindered by Tits initial failings during the early 1990s: extreme politicization of the media, poor information collection and processing practices, amateurism and dubious business practices in media management, and lack of state aid. Nevertheless, positive signs are emerging, such as efforts to professionalize certain media (written as well as broadcast), the gradual awakening of the state media, and the appearance of journalism and communication schools. Development of young democracies cannot be achieved without a free, independent, responsible, and well-managed press. If in the 1990s the liberalization of the press was, among other things, granted under popular pressure, the government would be well advised today to put the Togolese press on the track toward professionalization in appropriate ways, such as substantial increases in state aid to the media, rebates on the cost of materials and electronic equipment, grants for journalism schools, and facilitation of an organizational structure of the advertising industry. While there is certainly impetus for the growth of the Togolese media, 2012 saw an almost across-the-board regression in each objective, save for its supporting institutions, which the panel rated as having experienced modest improvement. For all the positive signs that can be discerned, it must be said that the overarching trend was negative, with the Togolese media requiring much work to begin the long road to sustainability. TOGO 411 TOGO AT A GLANCE GENERAL MEDIA-SPECIFIC > Population: 6,961,049 (2012 est., CIA World Factbook) > Number of active print outlets, radio stations, television stations: Print: 400 regularly registered publications, out of which 78 are currently > Capital city: Lomé operational; Radio Stations: 80 registered radio stations, 80 operational > Ethnic groups (% of population): African (37 tribes; largest and countrywide; Television Stations: 12 registered television stations most important are Ewe, Mina, and Kabre) 99%, European and > Newspaper circulation statistics: N/A Syrian-Lebanese less than 1% (CIA World Factbook) > Broadcast ratings: N/A > Religions (% of population): Christian 29%, Muslim 20%, indigenous beliefs 51% (CIA World Factbook) > News agencies: The Togo News Agency (state-owned) ACP-Inter and Savoir-news (private) > Languages: French (official and the language of commerce), Ewe and Mina (the two major African languages in the south), Kabye (sometimes > Annual advertising revenue in media sector: N/A spelled Kabiye) and Dagomba (the two major African languages in the > Internet usage: 356,300 (2009 est., CIA World Factbook) north) (CIA World Factbook) > GNI (2011-Atlas): $3.441 billion (World Bank Development Indicators, 2012) > GNI per capita (2011-PPP): $1,030 (World Bank Development Indicators, 2012) > 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 AINABLE T progress in free-press advocacy, increased SUS professionalism, and new media businesses may be too recent to judge sustainability. Near Sustainability (2-3): Country has NEAR AINABILITY progressed in meeting multiple objectives, T with legal norms, professionalism, and SUS 2.43 the business environment supportive of 2.31 independent media. Advances have survived 2.10 AINABILITY 2.07 2.06 2.05 T STEM 1.93 changes in government and have been 1.91 Y 1.90 1.85 AINABLE T codied in law and practice. However, more 1.67 SUS 1.61 1.57 1.58 1.55 time may be needed to ensure that change is MIXED S UNSUS 1.46 1.45 enduring and that increased professionalism 1.31 1.30 and the media business environment 1.14 1.09 1.08 1.08 1.04 are sustainable. 0.84 AINABLE T Sustainable (3-4): Country has media that UNSUS ANTI-FREE PRESS are considered generally professional, free, 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 FREE PROFESSIONAL PLURALITY OF BUSINESS SUPPORTING and sustainable, or to be approaching these SPEECH JOURNALISM NEWS SOURCES MANAGEMENT INSTITUTIONS objectives. Systems supporting independent OBJECTIVES media have survived multiple governments, economic uctuations, and changes in public opinion or social conventions. 412 MEDIA SUSTAINABILITY INDEX 2012 OBJECTIVE 1: FREEDOM OF SPEECH Another newspaper, La Nouvelle, Togo Objective Score: 1.85 has been permanently banned from publication since July 2012 because it The panelists were unanimous in recognizing that in West broke a story on recruitment in the Africa, Togo as a country has some of the best legal texts that protect and favor freedom of speech and freedom of the public-service sector being decided press. However, it is the application of these legal texts that purely along lines of ethnicity as well is problematic. Legal and political harassment are often set in as a story on the many mistresses of the motion to hinder the realization of these freedoms that are head of state. guaranteed by the law. Among the texts that guarantee these rights in Togo are the body of the media. Thus, there is a judicial framework in constitution, the press and communications code, and the law Togo that protects freedom of expression and freedom of the on governing the organization and functioning of the High press. The tragedy is that these legal precedents are poorly Authority for Audiovisuals and Communication (HAAC). applied, sometimes even forgotten, by the judiciary and the According to article 26 of the constitution, freedom of the institutions of the republic. press is recognized and guaranteed by the state. It is thus In many respects, the licensing of audiovisual media is not protected by law. The same article states that the press fair; it is sometimes political and often noncompetitive. cannot be subject to prior authorization, bond, censorship, In principle, under the law, licensing is the responsibility or other restrictions. The prohibition of dissemination of any of the HAAC, which makes the broadcasting frequencies publication cannot and should not be enforced except by available through the Regulatory Authority of Posts and a court order. This provision of the constitution is repeated Telecommunications (known by its French acronym, ARTP). in the press and communications code. Under Article 1 But in practice, it is ARTP that assigns the frequencies in and according to this provision, the written press and exchange for fees. If one is not associated with the ruling audiovisual communications are free, subject to compliance regime, it is difficult to obtain a frequency. This is seen, for within the requirements of the law. This legal framework example, in the capital, Lomé, where for more than four is supplemented by the institutional law that regulates the years it has been said that there are no more frequencies operational procedures of the HAAC, the national regulatory available. Yet, Radio City FM and the television station La Chaine du future (known by its French acronym, LCF) belong LEGAL AND SOCIAL NORMS PROTECT AND PROMOTE to very high-ranking members of the regime in power and FREE SPEECH AND ACCESS TO PUBLIC INFOrmatiON. have obtained frequencies without difficulty while other FREE-SPEECH INDICATORS: applicants have been subjected to a bidding war to try to obtain a frequency. > Legal and social protections of free speech exist and are enforced. > Licensing of broadcast media is fair, competitive, and apolitical. The market entry and tax structure for the media are roughly similar to other industries in Togo. However, it is noteworthy > Market entry and tax structure for media are fair and that the media are not harassed by the taxation services to comparable to other industries. pay taxes. The press in Togo effectively pays annual taxes in > Crimes against journalists or media outlets are prosecuted royalties ranging from XOF 400,000 to XOF 700,000 ($800 to vigorously, but occurrences of such crimes are rare. $1,400), depending on whether the radio is in the provinces > State or public media do not receive preferential legal treatment, or in the capital. The same is true for television, which can and law guarantees editorial independence. pay between XOF 700,000 and XOF 1.2 million ($1,400 and > Libel is a civil law issue; public officials are held to higher $2,400). Apart from these fees, audiovisual media pay taxes, standards, and offended parties must prove falsity and malice. whereas very few outlets in the print media have formed > Public information is easily accessible; right of access to themselves into real businesses that appear in the records of information is equally enforced for all media and journalists. the Ministry of Commerce and the Chamber of Commerce > Media outlets have unrestricted access to information; this is and Industry. It may then be said that while the press has a equally enforced for all media and journalists. certain advantage, it does not yet meet the requirements and > Entry into the journalism profession is free, and government foundations of a real business.