The consultation held in Abuja, Nigeria was attended by officials from ECOWAS, MFWA, members of the MFWA Network of Lawyers as well as media organisations, representative namely the West African Journalists Association (WAJA), the International Federation of Journalists (IFJ, Africa Bureau), the Media Rights Agenda (MRA) and the West African Bar Association (WABA).

The aim of the meeting was to review a draft framework that will contribute to a favorable environment for free expression in West Africa. The document was drafted by a three member committee of the MFWA Network of Lawyers.

To ensure the right to freedom of expression and independence of the media, the meeting recommended through the draft document the decriminalization of offences such as sedition, false news, insult, defamation, offence against the Head of State among others.

It also recommended the repeal of procedures that violate the principle of presumption of innocence particularly preventive detention and the flagrante delicto.

However, participants suggested that criminal sanctions should apply in cases of expression that incite people to violence; xenophobia; ethnic or racial hatred and violence particularly when the publisher acted in bad faith knowing the publication to be false or reckless whether it be true or false.

In addition there should be a direct causal link between the threatened harm and the expression. The need to protect the reputation and good name of individuals by recourse to procedures of complaint mediation of civil legal action was advocated.

Other areas covered by the draft document are the status of Media Regulatory Bodies, the Public Service Broadcaster and the Right of Access to Information.

The adopted document will be scrutinized by the ECOWAS legal experts before its presentation to the Ministerial Conference. If approved it will then be proposed for signature by the ECOWAS Heads of State and become an Act of the Community that will bind all member States.

At the end of the meeting the participants paid a courtesy call on the President of the ECOWAS Commission, Dr Mohammed Ibn Chambas, who reaffirmed the ECOWAS commitment to free media in the West African Sub region.

He indicated that media are an important component in the ECOWAS policies and plans. “Whatever the form of the document it should have the necessary ingredient from civil society organisations”, he emphasised.