- Can you tell us about your career path?
My name is KONE Siméon, and I am the Director of Legal Affairs at the High Authority for Audiovisual Communication (HACA) in Côte d'Ivoire. I was recruited by the regulatory body in 2010 and have now been with them for thirteen (13) years, during which time I have held the positions of Head of the Legal Unit, Deputy Director of Mediation and Litigation, and, since 2013, Director of Legal Affairs at the High Authority for Audiovisual Communication.
I am also the HACA representative to the Press Support and Development Fund, currently the Media Support and Development Agency (ASDM), and the focal point for the Joint Legal Monitoring Committee, HACA Côte d'Ivoire – HACA Morocco.
- What role do you play within the HACA?
As Director of Legal Affairs, our tasks are:
- coordinating the activities and work of the Legal Affairs Department;
- developing legal instruments to regulate the audiovisual sector;
- monitoring legal developments and formulating proposals for amendments to the laws and regulations governing the audiovisual sector and other areas of law;
- designing and drafting the acts of the HACA College (decisions, recommendations, opinions, referrals to the competent judicial authorities, formal notices, sanctions, etc.);
- examine Ivorian regulations relating to the audiovisual sector and their development;
- to carry out the necessary legal studies at both the national and international levels;
- managing litigation;
- carrying out studies and providing the necessary information and legal expertise requested by the President and the Director General;
- to provide legal assistance requested by other HACA departments and services…
- You have endorsed a bill aimed at regulating the media in a digital environment. What exactly does it involve?
- Reformulation of the question: You participated in the drafting of a bill to regulate the media in a digital environment. What exactly is it about?
Law No. 2017-868 of December 27, 2017, on the legal regime for audiovisual communication did not sufficiently take into account certain audiovisual communication activities. This made it complex, if not impossible, to regulate these activities, which are facilitated by technological developments.
These activities include the broadcasting of audiovisual content without the authorization of the rights holders or beneficiaries, which has a significant negative impact on intellectual property.
In addition, the HACA had noted that certain individuals were broadcasting audiovisual content that could not be considered private correspondence, a major criterion for distinguishing it from audiovisual communication.
The HACA therefore considered that the audiovisual content of certain web actors, in particular activists, bloggers, and influencers with several thousand subscribers, should be subject to compliance with the general principles of audiovisual communication.
In addition, Law No. 2022-979 of December 20, 2022, amending Law No. 2017-868 of December 27, 2017, takes into account the regulation of video-sharing platform services accessible on national territory, the issue of measuring audiovisual media audiences, the transposition of Directive No. 01/2018/CM/UEMOA on the harmonization of the legal deposit of audiovisual documents within the member states of the West African Economic and Monetary Union (UEMOA), and certain audiovisual communication services broadcast via the Internet (Web TV and Web radio).
It also clarifies certain provisions contained in the aforementioned Law No. 2017-868 of December 27, 2017.
- What does this mean for influencers and online content creators in Côte d'Ivoire?
With regard to certain Internet actors, in particular bloggers, activists, and influencers, Law No. 2022-979 of December 20 provides that "The broadcasting of audiovisual content from any blogger, activist, or influencer website with 25,000 online subscribers does not constitute private correspondence and is therefore subject to compliance with the general principles of audiovisual communication. activist, or influencer website with 25,000 online subscribers is not considered private correspondence and is therefore subject to compliance with the general principles of audiovisual communication as set out in Article 3 of Law No. 2017-868 of December 27, 2017, on the legal regime for audiovisual communication."
These principles are as follows:
- undermining national sovereignty;
- violation of state secrecy;
- undermining national defense;
- disrespect for the institutions of the Republic;
- violation of human dignity;
- violation of the property of others;
- failure to respect the pluralistic nature of the expression of currents of thought and opinion;
- failure to respect the requirements of public service;
- undermining the public interest, public order, national unity, and territorial integrity;
- incitement to hatred, xenophobia, and violence.
This means that their activity on the Internet is now regulated by the HACA because the Ivorian legislature has determined that the audiovisual content they broadcast cannot be considered private correspondence, which is a major criterion distinguishing it from audiovisual communication.
Hence the need to regulate them by subjecting them to compliance with the general principles of audiovisual communication that we have just listed.
This also means that in the event of non-compliance with this legal requirement, inappropriate audiovisual content may be removed and the account used to broadcast this content suspended, without prejudice to any criminal proceedings that may be brought against the offender.
With regard to online content creators, this is a matter of protecting intellectual property in order to enable these creators to make a living, at the risk of repeating ourselves, from their creations in the audiovisual communication sector.
The legislator has therefore introduced the following provisions:
Article 109 bis: "The exploitation of an audiovisual program by a third party is subject to the prior consent of its author, his or her beneficiaries, or the collective copyright management society.
In the event of illegal exploitation of audiovisual content, the rights holder may, upon decision of the High Authority for Audiovisual Communication, refer the matter to the technical service provider, the Internet service provider, or any intermediary in order to prevent access to the offending program or to have it removed.
In such circumstances, the technical service provider, Internet service provider or technical intermediary, upon decision of the HACA, is required to prevent access to the offending program or to remove it under the responsibility of the rights holder.
The HACA may request any search engine operator, directory or other referencing service to cease referencing electronic addresses giving access to online audiovisual communication services to the public.
- What are the objectives? What are the aims of such a measure?
Such a measure aims to guarantee freedom of audiovisual communication and, above all, to contribute to the protection of young audiences in order to prevent certain abuses on the internet, in particular the dissemination of content likely to affect the physical, mental, or moral development of minors, incitement to hatred, xenophobia, violence, ethnic, social, and religious discrimination, or public provocation to commit an offense.
- What are the challenges associated with this regulation?
The challenges associated with this regulation include:
- the dissemination of responsible audiovisual content, while guaranteeing freedom of expression and creativity;
- the protection of the rights of program publishers and other creators of audiovisual content.