Private TV, Radio Station Dounia Back on the Air

UNCLAS NIAMEY 000507

DEPT FOR AF/W, AF/RSA, DRL/AE, AND AF/PDPA LISENBY
PLS PASS TO USAID FOR AFR/W
ACCRA ALSO FOR USAID WA
PARIS FOR AFRICA WATCHER

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KCOR KPAO NG
SUBJECT: Private TV, Radio Station Dounia Back on the Air

Ref: a) Niamey 00483, b) 08 Niamey 00809, c) Niamey 00484


1. Summary: Private radio and TV operator Dounia went back on the
air on July 3 following a legal reversal of the CSC's (High Council
for Communication) suspension order of June 29. The Supreme Court
also ruled on June 17 that the CSC's decision to suspend Dounia in
August 2008 was unwarranted, and ordered the Government to
compensate Dounia for lost revenue. Following Dounia's suspension
on June 29, a coalition of major independent media organizations
issued a clear statement of support for Dounia and denounced the
CSC. The decisions of the justice branch and the declaration by the
independent media coalition demonstrate recognition of the
importance of a free media. End summary.

The Courts Overturn the CSC's Suspension
--------------

2. The private Radio and TV Group Dounia resumed broadcasting on
July 3 at 18:00 local time following a legal review by the Palace of
Justice. The judge overturned suspension order number 0005 (ref A)
issued by the CSC Chair and authorized the immediate resumption of
broadcasting. The Court ruled that the CSC's suspension order was
without legal merit, and that Dounia was unfairly singled out since
the statements Dounia was suspended for also aired on several other
media outlets. Daouda Diallo, Chair of the CSC, has 15 days to
appeal the Court's decision. Dounia continued its reporting of
opposition events, including covering the July 5 rally against
President Tandja's referendum.


3. This is the second recent court decision in Dounia's favor in its
ongoing feud with the CSC. On June 17, the Supreme Court ruled that
the CSC overstepped its legal authority in suspending the Dounia
Group for one month in Fall 2008 (ref B). The Court annulled this
decision (No. 006/P/CSC) and ordered the Government of Niger to
compensate Dounia for revenue lost due to the suspension.

Dounia TV Receives Backing of Independent Media Coalition
-------------- --

4. A coalition comprising nearly every major independent media
organization, the Organization of Social Professionals in the Media
Sector, released a strongly worded written statement in support of
Dounia on June 30. The statement criticized the CSC Chair for
acting without the consent of a majority of the CSC board in
suspending Dounia, and condemned him for his contempt of private
media organizations.

Comment
--------------

5. The Court's decisions and the statement from the independent
media organization demonstrate recognition of the importance of a
free and fair media in Niger. Given the measures taken by President
Tandja since granting himself authority to rule by decree (ref C),
these actions come with considerable risk of detention or
termination. Efforts to defend the independence of the media, are
encouraging, though it remains unclear whether Dounia's persistence
may bolster others to take a stand to preserve press freedoms in
Niger's nascent democracy. End comment.

ALLEN