Since 2 November 2015, journalist unions and media groups are showing their opposition to the new Penal Code of the Republic of Togo. The reason for this general outcry is in Article 497 of the new Code. Indeed, this article establishes prison sentences for journalists declared guilty of violations of the press laws. Until then, the journalist profession, governed by the Communication and Press Code adopted in August 2004 by the Parliament did not have any fines such as the ones provided by the Penal Code.

From now on, according to Article 497 of this new Penal Code, “the publication, broadcast or reproduction by any means of false news, made-up or falsified information attributed to any third party when, done in bad faith, disrupts the civil order, or is susceptible to disrupt it is punished by a prison sentence of 6 months to 2 years and a fine of FCFA 500,000 to 2 million or one of these two sentences.” For Togolese journalists, this article represents the beginning of the press being muzzled.

In a letter sent to the President of the Republic Faure Gnassingbé, press organisations questioned him on the danger represented by the new Penal Code for the for the freedom of expression of the media. They threaten to call for demonstration and to mobilise all the African media if article 497 which they consider an act of repression in disguise is not repealed.

Justifying the introduction of prison sentences against journalists, the Togolese government explained that this measure fits with the modernisation of the texts in the penal procedure. Its aim is equip the national justice system with efficient, adequate tools to render justice in all impartiality, without any impression of favouritism for a particular section of citizens who respect the laws of the Republic.