Constitution

Gabon 1991 Constitution (reviewed 2011)

Table of Contents

TITLE VII. OF THE NATIONAL COUNCIL OF COMMUNICATION

Article 94

Audiovisual and written communication is free in the Gabonese Republic, restricted only by respect of the public order, liberty and dignity of its citizens.

Article 95

To this effect, the National Council of Communication is instituted to watch over:

  • The respect of expression of democracy and the liberty of the press in all of the territory;
    Citizens’ access to free communication;

    Equitable treatment of all political parties and associations;

    The respect of rules concerning the conditions of the production, programming, and diffusion of communications related to electoral campaigns;

    The control of programs and the current regulation of communication materials, as well as the regulations governing their use;

    The respect of the rules governing professionals in the communication field;

    The harmonization of programs between the channels of public radio and television;

    The policies governing the production of audiovisual and cinematographic works;

    The promotion and development of techniques of communication and the training of personnel in the field;

    The respect of quotas and Gabonese programs diffused over public and private radio and television channels;

    The control of content and operations of diffused publicity on public and private radio and television channels;

    The recognition of contractual agreements made by public and private companies;

    The protection of children and adolescents from certain programming by public and private companies of audiovisual communications;

    The defense and illustration of Gabonese culture;

    The respect and dignity of human rights by the organs of information and communication.

Article 96

In the event of legal violations, the National Council of Communication may address the concerned parties with public observations and apply the appropriate sanctions.

Article 97

All conflicts between the National Council of Communication and another public agency will be decided by the Constitutional Court at the request of one of the involved parties.

Article 98

The National Council of Communication is composed of nine (9) members nominated as follows:

  • Three by the President of the Republic, of which one will be the president of the Council;
    Three by the president of the Senate;

    Three by the president of the National Assembly.

Each of the authorities mentioned above will also nominate two communication specialists for the Council.

Article 99

The members of the National Council of Communication must have credentials or skills in communication, public administration, the sciences, law, culture or the arts, a professional career of at least fifteen (15) years and be at least forty (40) years old.

Article 100

The members of the National Council of Communication have a term of five (5) years, which can be renewed. At the moment of renewal, a least a third (1/3) of the members must be replaced with new nominations.

In case of a member’s death or resignation, the nominating authority over that seat will appoint a new member to finish the term.

Article 101

The president of the National Council of Communication will maintain his or her position for the duration of his or her term.

The president is assisted by a vice-president, nominated within the same conditions and for the same length of term.

In case of a temporary vacancy, the vice-president will fill the president’s seat.

Article 102

An organic law fixes the organization and function of the National Council of Communication, as well at the regulations regarding incompatible concurrent positions or responsibilities.