A Decision Judged Illegal and Unconstitutional
On October 1, 2024, the Ministry of Communication, Telecommunications and the Digital Economy issued a controversial decree, requiring the registration and validation of press companies. According to Mamadou Ibra Kane, if the registration of press companies with the Ministry of Communication can be considered a legal measure, validation, on the other hand, is an attack on press freedom guaranteed by the 2000 Constitution and the Code of the press.
“In Senegal, the creation of a media does not require any authorization from the State. This initiative by the ministry is therefore ineffective and totally illegal,” protests the president of the Cdeps in the columns of L’Observateur. He insists on the fact that the Constitution guarantees the freedom of creation of press companies, and that no administrative authority can impose validation criteria on this sector.
A Lack of Consultation Denounced
The digital registration platform, supposed to facilitate the process, is also called into question. According to Mr. Kane, the Minister of Communication had promised to consult stakeholders in the sector when it was set up, but this was not done. “The minister did not keep his word. Instead of a platform serving the press, we have an imposed structure which replaces the free right to create media,” he laments.
This new regulation would require each press company to have share capital, an identification number (Ninea) and registration in the Commercial Register. Requirements that Mr. Kane considers unsuitable for the sector and contrary to the texts in force.
A Legal and Political Fight in Perspective
Faced with this “flagrant violation of the Constitution”, the Cdeps promises to initiate a legal and political fight to prevent the application of this decree. “We are not going to let this happen,” warns Mamadou Ibra Kane. He affirms that this measure endangers not only the freedom of the press, but also that of expression in Senegal, conquests dearly won by the Senegalese people.
The future of the independent press in Senegal therefore seems more uncertain than ever. Through this confrontation, an entire sector fears being placed under disguised supervision through regulations deemed to be restrictive of freedom.
