The Association of Online Press Editors and Professionals (APPEL) has taken note of the new decree of the Minister of Communication creating the “Commission for examination and validation of the declaration of press companies in Senegal”. She may look for it in the main thread of the Press Code, but it is not there, just as it is conspicuous by its absence in all the implementing texts of the Code. This is why, by the magic of a quick shortcut, it must be said that this ministerial decree is a sort of UFO in the legal and institutional ordering of the media sector.
”This decree from the minister is a sort of UFO in the legal and institutional ordering of the Media sector”
This decree, drawn up in a cavalier manner, without any consultation or consultation, assumes a right of life and death over press companies. Indeed, in its missions listed in article 2, it says, among other things: “examining requests for registration from press companies addressed to the Ministry via the platform referred to above, ensuring compliance with the criteria of eligibility and the required conditions, with regard to the legislation in force, validate or reject registration requests…”.
”When the text imposed by the minister speaks of validating or rejecting, he exceeds his prerogatives and thumbs his nose at the regulatory authority”
The text imposed by the Minister of Communication suffers from a glaring lack of clarity and precision. To avoid any possibility of confusion, it should indicate and specify the “legislation in force”. When he talks about validating or rejecting, he is overstepping his prerogatives and thumbing his nose at the regulatory authority. The National Audiovisual Regulatory Council (CNRA), which is an independent administrative authority with full powers over the audiovisual sector, is confined to the status of a figure in this famous commission. The presence of the Ministries of the Interior and Justice is even more intriguing.
”The Cnra borders on the status of an extra in this famous Commission where the presence of the Ministries of the Interior and Justice is even more intriguing”
On August 16, the Minister of Communication launched an online registration platform for press companies. Despite the inadequacies of the support, the media registered there en masse. Even for this initiative, still glaring errors were noted. Which lie in the criteria listed in the implementation order, and those listed on this platform. Since then, there has been no report specifying the number of registered companies, their typology among other analytical data. Those who have registered have no information about the process. What about article 9 of the minister’s decree which speaks of the Permanent Commission?
In truth, there was never a problem with registration because on December 15, 2022, a 40-day registration campaign was launched by the predecessor of the current minister. It did not arouse any tension or reaction of disapproval from the actors. Moreover, the figures put forward by the Authority often come from this census.
The fundamental pitfall in the attempt to apply the texts is rather linked to the exploitation of this data. Could the Ministry of Communication, instead of taking charge of a new commission, not strengthen the staff of the Communication Directorate to study the various files, according to their compliance with the Press Code and its texts? application.
”There has never been a problem with the registration of media companies because, on December 15, 2022, a 40-day registration campaign was launched by the predecessor of the current minister. It had not aroused any tension or reaction of disapproval from the actors”
The Appeal also questions the minister’s real wishes. A legitimate question, especially since, since the instructions of the President of the Republic made in the Council of Ministers for a “renewed dialogue”, no action has been taken in this direction. Appel has the impression that the supervisory authority snubs or despises Media actors. While they all share the same objectives which are the sanitation of the sector. Consultation could have saved the minister from his many mistakes. For almost two decades, Media stakeholders have looked at these texts and sought to further refine them with the National Media Conference because they are aware of the importance and role of the press in the construction of media values. ‘an exemplary company.
”Appel has the impression that the authorities snub or look down on media actors. While they all share the same objectives which are the sanitation of the sector, consultation could have avoided the minister’s numerous mistakes.
The recipe for a good clean-up of the Media sector appears in the Code and its implementing texts. Online Press Editors and Professionals invite the Minister of Communication to suspend this commission which violates all the texts he has referred to in this decree. Otherwise they will rule out no action, no legal means to block his path. Appel remains in solidarity with other professional Media Organizations such as the CDEPS or more broadly the Coordination of Press Associations (CAP) to build together with the support of the State a professional and efficient media environment.
Done in Dakar, October 7, 2024
The National Executive Office
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