Liberté de la presse : Le Conseil constitutionnel désarme le nouveau régulateur des médias
In a decision issued on April 7, 2026, the Constitutional Council of Senegal struck down several key provisions of Law No. 07/2026 establishing the National Media Regulatory Council (CNRM). Following a petition filed by a group of members of parliament led by Aïssata Tall Sall, the Council deemed certain sanctions disproportionate and contrary to the Constitution.
The main point of this decision lies in the invalidation of paragraphs 3 and 4 of Article 33 and paragraph 2 of Article 31 of the contested law. The Council considered that the powers granted to the CNRM to order, without prior definition of time limits for re-offending, the permanent closure of a newspaper or news website, or the termination of an audiovisual agreement, constituted disproportionate sanctions.
The senior judges considered these measures to be a serious infringement on freedom of expression and freedom of the press, guaranteed by the Senegalese Constitution and international law. The Council reiterated that the power to impose sanctions depriving individuals of protected liberties cannot be left to the discretion of an administrative authority without a strict legal framework.
While the Council upheld the CNRM's authority to regulate the sector, it nonetheless attached strict interpretative reservations to its decision to limit any abuse of power. In particular, the Council struck down the phrase "and to the public force" in Articles 31 and 34, reiterating that the judiciary remains the sole guardian of rights and freedoms and that the CNRM cannot wield coercive power involving the public force without a warrant issued by a judicial authority.
Regarding formal notices and orders to insert press releases, the Council specifies that these prerogatives must in no case harm the reputation and the material and moral interests of the press company.
The emergency measures provided for in Article 41, such as the cessation of broadcasting or temporary suspension, are declared compliant, but subject to the strict reservation that they relate to the protection of honour or public order.
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