Benin 2025 Digital Code Reform: Safeguarding Press Freedom

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Amid ongoing deliberations within Benin’s legislature regarding proposed amendments to the Digital Code—a pivotal statute intended to safeguard free expression and pluralistic media—the recent series of punitive measures imposed on independent press organisations underscores an escalating threat to journalistic integrity and democratic discourse. Since the calendar turned to 2025, the High Authority for Audiovisual and Communications (HAAC) has unilaterally suspended the publication licences of two prominent newspapers, shuttered three distinguished news websites, and frozen operations of a TikTok-based news channel “until further notice.” These sanctions remain active, effectively muzzling critical voices at a time when robust reportage is most essential.

Dieudonné Dagbéto, Executive Director of Amnesty International Benin, observes that “in recent months, Benin’s authorities have been silencing media outlets, often after they carried coverage critical of the government or the HAAC.” He emphasises that the extant text of the Digital Code grants expansive authority for such clampdowns, warning that its revision presents a timely opportunity to reverse this disquieting trend and fortify the very foundations of press freedom. This juncture, he argues, is critical: legislators must ensure that any reworked provisions unequivocally protect journalistic endeavours from politically motivated reprisal.

The chronology of these suspensions reveals a clear pattern of reprisals directed at outlets that dared to scrutinise public administration. On 12 March, Bénin Web TV—an influential digital platform known for its investigative reporting—had its licence rescinded and the press accreditation of its managing director revoked. HAAC accused the channel of disseminating inaccurate claims regarding budgetary discrepancies in the HAAC’s parliamentary appropriation request, as well as errors in reporting on the president of the HAAC’s requisition for a company car. These charges, while dressed in the language of regulatory compliance, align with a broader strategy aimed at curbing inconvenient revelations.

In an earlier episode, on 21 January, the venerable newspaper Le Patriote and its accompanying online portal faced equivalent sanctions. The catalyst was an editorial scrutinising “the government’s ineffective strategy” during a militia assault on forces deployed in the tri-border region of Burkina Faso, Niger, and northern Benin. Le Patriote’s editor lamented to Amnesty International: “My newspaper was one of the few that gave a voice to all sides. I’m sure that, given the current context, the media will no longer take the risk of dealing with information on the security situation other than that which comes from the government or the authorities in charge of security.” This chilling admission illustrates the self-censorship engendered by fear of retribution.

Sadibou Marong, Director of Reporters Without Borders’ Sub-Saharan Africa bureau, condemns these measures as antithetical to accepted international norms. He asserts that “none of the legitimate grounds for restriction of the freedom of expression set out in international law are invoked in these cases of censorship,” and further cautions that HAAC’s interventions risk the very economic survival of affected media organisations and their employees. The aftermath corroborates his warning: a dozen journalists formerly employed by Le Patriote are now deprived of livelihoods, while Bénin Web TV has witnessed a precipitous decline in advertising revenue since certain sponsors withdrew support under regulatory pressure.

This latest onslaught against the press recalls earlier episodes of media suppression in 2023 and 2024. In February 2024, La Gazette du Golfe—a regional news group—was compelled to terminate its entire workforce following HAAC’s suspension of its operational mandate the preceding year. Only one month later, in January 2024, a quartet of news websites—Crystal News, Reporter Médias Monde, Les Pharaons—and the TikTok news account Madame Actu were arbitrarily labeled as “unauthorised,” their portals deactivated on the grounds of publishing “unfounded allegations” without prior HAAC sanction. The authority’s communiqué lacked specificity concerning the culpable content, inviting speculation that political sensitivities, rather than objective breaches of journalistic ethics, dictated the punitive action.

The utilitarian principle of non-arbitrary regulation is enshrined in the jurisprudence of the UN Human Rights Committee, which has unequivocally stated that blanket prohibitions on media platforms contravene Article 19 of the International Covenant on Civil and Political Rights. Likewise, the notion of state-issued press credentials, as mandated under Beninese law, falls short when wielded as a tool to silence dissent rather than to uphold professional standards. Qemal Affagnon, Internet Without Borders’ Regional Coordinator for West Africa, underscores that “the HAAC relies on the current Digital Code to punish all those who commit ‘criminal acts.’ The examination of a bill amending this Code is an opportunity to implement the recommendations accepted by the government in 2023 during the 4th cycle of the Universal Periodic Review in line with the consultative modification work carried out with Beninese MPs by Internet Sans Frontières. It is essential to guaranteeing freedom of expression and HAAC’s independence.”

Affagnon’s intervention highlights the dual imperatives of legal clarity and institutional autonomy: the revised Digital Code must delineate precise criteria for content moderation, include robust avenues for appeal, and insulate HAAC from political subservience. Without these safeguards, the body risks metamorphosing into an instrument of state censorship rather than an impartial regulator.

The broader implications of this regulatory tightening extend beyond the economics of news production to the very health of civil society. An independent press functions as a check on governmental overreach, exposing corruption, maladministration, and human rights violations. In contexts where social media has become the default medium for public discourse, unilateral takedowns of digital channels inflict a disproportionate blow, depriving citizens of alternative information streams and eroding participatory governance.

Moreover, these developments in Benin resonate across the African continent, where similar legislative measures—often cloaked in the rhetoric of combating disinformation or protecting national security—have been deployed to stifle critical coverage. From the Social Media Tax in Uganda to the Cybersecurity Act in Nigeria, the spectre of digital repression looms large. Benin’s parliament now stands at a crossroads: will it seize the moment to align domestic law with global benchmarks, or will it consolidate a precedent for future entrenchment of autocratic practices?

Encouragingly, civil society organisations and international bodies have articulated clear recommendations. They advocate for the enshrinement of absolute prohibitions on pre-publication censorship, the removal of overly broad offences such as “false reporting,” and the institution of an independent appeals tribunal. Furthermore, they urge the incorporation of transparency obligations, compelling the HAAC to publish detailed justifications for any suspension, thereby enabling public scrutiny and judicial review.

Should Benin’s framers embrace these proposals, the Digital Code could emerge as a model for digital-era media regulation, balancing the imperatives of combatting genuine disinformation with the inviolate right to free expression. Conversely, if the current trajectory persists, the country risks sliding into a milieu of constrained public debate and diminishment of democratic accountability.

In sum, the recent clampdown by the HAAC lays bare the vulnerabilities inherent in legislative frameworks that lack precision and institutional independence. As Dieudonné Dagbéto aptly notes, revision of the Digital Code is not merely a technical exercise but a test of Benin’s commitment to the values of openness and pluralism. The page is ready for a decisive rewrite—one that affirms the nation’s role as a bastion of press freedom in West Africa and cements the Digital Code as a bulwark, not a barrier, to democratic discourse.