Cameroon Media Law Guide

CAMEROON MEDIA LAW GUIDE

Defamation and Privacy Law in Cameroon

Contributor: Achare Takor (Senior Associate, Centurion Law Group)

This guide provides an overview of the laws in Cameroon, with regards to Defamation, Privacy and Data Protection. It is divided into two parts. The first presents general information on Defamation in Cameroon, its elements and the position of the penal code of Cameroon. The second focuses on the legal and institutional framework for Data Protection and Data Privacy in Cameroon, citing provisions of the Constitution of Cameroon, Case Law and CEMAC Legislation.

Defamation

In Cameroon, there are certain laws in force that limit the right to freedom of expression, in order to protect reputation and dignity, and are generically referred to herein as defamation laws. Specifically, these provisions are found in the Penal Code.

To define defamation in Cameroon, one must proceed in two steps.

Article 152 of the Penal Code states that: “Definition of contempt: defamation, insult or threat made by gestures, words or shouts uttered in places open to the public, either by any process intended to reach the public, are qualified as contempt”.

Then we must turn to Article 305 of the Penal Code

Section 305 of the Penal Code

According to Section 305 of the penal code;

1. Whoever by any of the means described in Section 152 of the penal code injures the honour or reputation of another by imputations, direct or indirect, of facts which he is unable to prove shall be punished by imprisonment for from six days to six months and/or with a fine of between XAF 5,000 (approx. €7.63) to XAF 2,000,000 (approx. €3,053.65.
2. These penalties shall equally apply to persons guilty of defamation in the print and audio-visual media, without prejudice to the right of reply and to the obligation to publish corrections.

It is worth noting that libel and defamation remain both civil and criminal offences, and a guilty verdict can mean a prison term of up to six months and/or a hefty fine.

Defamation is a common law offence, that is, ordinary people can commit defamation in Cameroon. It has been made a press offence. Therefore, if with one of the means prescribed in article 152, whether it is the written press, radio broadcasting or television, a person harms someone’s honour, they would have committed defamation.

Defamation includes both libel (written statements) and slander (spoken statements). The Penal Code governs defamation actions. Defamation is a tricky area of law as the lines between stating an opinion versus a statement of fact can be vague, and defamation tests the limits of the constitution of Cameroon, freedoms of speech and press.

Elements of a claim

In Cameroon, defamation is a criminal offence. Criminal cases for defamation deal with an individual’s offense against the state which is punishable by section 305 of the Penal code.

Interestingly, section 305(3) stipulates that no proof may be offered of the truth of the defamatory statement if it concerns the private life of the person it defames, refers to a fact which is more than 10 years old or refers to an offence which has been amnestied or a conviction which has been expunged.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

It is important to note that, prosecution may not commence without the complaint of the injured party or of his representative by law or by custom, or continued after withdrawal of the complaint.

For a libel case, the burden of proof is on the defendant. There is no specific Freedom of Information Act, but the law on social communication does confirm the “right to know.”

The National Communications Council (CNC) was created by a Presidential Decree in 1991 and was given powers extending from frequency allocation to arbitration on libel and defamation cases.[1]  In January 2012, the CNC was given sanction powers by presidential decree. The sanctions can range from warnings to bans of media outlets.

Data Protection

While the preparation of a general data protection bill is currently ongoing, at present privacy-oriented legal provisions are to be found in various pieces of legislation as well as in landmark case law. The Constitution of Cameroon, for instance, provides for the right to protection against any privacy interference and for the right to privacy in correspondence. Other notable laws include Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon, which sets out provisions on the protection of individuals’ privacy, data retention periods, and electronic communications confidentiality. In relation to violations of privacy rights, in the landmark case of Mrs. MBOCK Frankline Junior v. Les Films TERRE AFRICAINE and Les Brasseries du Cameroun it was held that the mere evidence of the violation of privacy gives rise to a right to monetary compensation, without the need to establish that a concrete damage was suffered.

1.1. Overview of the privacy/data protection situation

In Cameroon, legal provisions on data protection are found in several laws. As a specific data protection law is yet to be adopted, it is quite challenging for users to control the use of their data. The applicable laws mostly cover data relating to electronic communications, while some other sectors of activity handle personal data daily.

1.2. Constitutional provisions

In the preamble to the Constitution of the Republic of Cameroon, Law No. 96/6 of 18 January 1996 revising the Constitution of 02 June 1972, as amended and supplemented by Law No. 2008/001 of 14 April 2008 (‘the Constitution’), it is stated that:

• the people of Cameroon affirm their attachment to the fundamental freedoms enshrined in the Universal Declaration of Human Rights 1945, the Charter of the United Nations 1945, the African Charter on Human and Peoples’ Rights 1981, which are all duly ratified
• international conventions relating thereto
• freedom and security are guaranteed to every individual with due respect for the rights of others and the best interests of the State
• privacy of all correspondence is inviolable – no interference may be allowed except as provided in a judicial decision

Data protection is, therefore, a right enshrined in the Constitution.

1.3. Other applicable laws (e.g. cybercrime law, privacy of communications)

National legislation

The following national laws are applicable:

• Law No. 98/014 of 14 July 1998 Regulating Telecommunications in Cameroon (only available in French here)
• Law No. 2005/013 of 29 December 2005 Amending and Supplementing Certain Provisions of Law No. 98/014 of 14 July 1998 Governing Telecommunications in Cameroon (only available in French here)
• Law No. 2000/011 of 19 December 2000 on Copyright and Neighbouring Rights (only available in French here)
• Decree No. 2001/830/PM of 19 September 2001 Defining the Terms and Conditions for Authorising the Operation of Telecommunications Networks (only available in French here)
• Decree No. 2001/831/PM of 19 September 2001 Defining the Terms and Conditions for Authorising the Provision of Telecommunications Services
• Law No. 2003/004 of 21 April 2003 on Banking Secrecy (only available in French here) (‘the Law on Banking Secrecy’)
• Law No. 2010/013 of 21 December 2010 Regulating Electronic Communications in Cameroon (only available in French here) (‘the Electronic Communications Law’)
• Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (only available in French here) (‘the Cybersecurity Law’)
• Law No. 2010/021 of 21 December 2010 Regulating Electronic Commerce in Cameroon (only available in French here) (‘the E-Commerce Law’)
• Law No. 2011/012 of 06 May 2011 on Consumer Protection in Cameroon (only available in French here) (‘the Consumer Protection Law’)
• Decree No. 2012/1637/PM of 14 June 2012 to Lay Down the Identification Requirements for Subscribers and Terminals (only available in French here)
• Decree No. 2012/1641/pm of 14 June 2012 Laying Down the Conditions for the Portability of Numbers (only available in French here)
• Decree No. 2012/203 of 20 April 2012 on the Organisation and Functioning of the Telecommunications Regulatory Agency (‘ART’) (only available in French here)
• Decree No. 2013/0399/PM of 27 February 2013 Laying Down the Rules for the Protection of Consumers of Electronic Communications Services (only available in French here) (‘the E-Communications Consumer Protection Decree’)
• Law No. 2016/007 of 12 July 2016 on the Penal Code in Cameroon (only available in French here) (‘the Penal Code’)
• Decree No. 2019/150 of 22 March 2019 on the Organisation and Functioning of the National Information and Communication Technology Agency (ANTIC) (only available in French here) (‘the ANTIC Decree’)

CEMAC legislation

The following legislation issued by the Central African Economic and Monetary Community (‘CEMAC’) is applicable:

• Regulation No. 21/08-UEAC-13-CM-18 of 19 December 2008 on the Harmonisation of Regulations and Regulatory Policies on Electronic Communications in CEMAC Member States (only available in French here);
• Directive No. 07/08-UEAC-133-CM-18 of December 19, 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (only available in French here);
• Directive No. 09/08-UEAC-133-CM-18 of 19 December 2008 Harmonising the Legal Frameworks of Electronic Communications in the CEMAC Member States (only available in French here);
• Regulation No. 03/16-CEMAC-UMAC-CMAC-CM of 21 December 2016 on Systems, Means and Incidents of Payment (only available in French here) (‘the CEMAC Payment Systems Regulation’); and
• Directive 02/19-UEAC-639-CM-18 of 22 March 2019 Harmonising the Protection of Consumers within CEMAC (only available in French here) (‘the Directive Harmonising Consumer Protection within CEMAC’).

1.4. Case law

In Cameroon, infringements of image rights have led to:

(i) The landmark case of YOMBA Madeleine v. Les Brasseries du Cameroun and the case of Mrs. MFOPA MAMA born NTOUO SABIATOU v. Société NESTLE Cameroun S.A and Société Océan Central Africa SA.

In both of these cases, an individual’s photo was unlawfully used for advertisement purposes without the individual’s consent, constituting a violation of his image right.

(ii) The case of Mrs. MBOCK Frankline Junior v. Les Films TERRE AFRICAINE and Les Brasseries du Cameroun

In this case, a contract stipulating the use of an individual’s image within a specific period of two years was violated through the broadcasting of the advertisement beyond the agreed upon term. This constituted a violation of the individual’s image rights. The final judgment ruled that mere evidence of the invasion of one’s privacy gives rise to compensation, and that there is therefore no need to establish that a damage was suffered.

1.5 Possible amendments/draft data protection laws under discussion

Cameroon is preparing a privacy bill (‘the Bill’), according to the competent services of the Ministry of Posts and Telecommunications. The drafting of the Bill is ongoing. The Bill will govern the collection, processing, transmitting, storage, and use of data.

2. Sectorial Legislation

2.1 Financial Sector

2.1.1. Law: Scope of application/ Key provisions

• The Law on Banking Secrecy
• The CEMAC Payment Systems Regulation
• Law No. 99/015 of 22 December 1999 on the Creation and Organisation of a Financial Market (only available in French here) (‘the Law on Financial Markets’)

2.1.2. Presence of a regulator, its role/powers

Banking sector

The main regulator in the banking sector is the Central African Banking Commission (‘COBAC’), established by the Convention of October 16 1990 (only available in French here). COBAC has supervisory competence over credit institutions, monitoring their liquidity and solvency, in addition to noting and sanctioning breaches.

Financial market

The Financial Market Commission established by Decree No. 2001/213 of July 13, 2001 is the organisation responsible for the regulation, control, supervision, and proper functioning of the financial market. This means that it ensures the protection of invested savings, provides information to investors, and supervises the provision of investment services.

2.1.3. Key definitions

Personal Data: Any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural, or social identity (Article 2 of the Directive Harmonising Consumer Protection within CEMAC).

In this sense, personal data can be considered as full name, social security number, national identity card number, passport number, account number, date and place of birth, physical address, and email, telephone number, bank card number, biometric data such as fingerprints and DNA, etc.

2.1.4. Data retention

Banking sector

On the storage of personal data, Article 10 (new) of the CEMAC Payment Systems Regulation provides that, while opening an account, the customer must provide their personal data.

Article 218 (new) of the CEMAC Payment Systems Regulation adds that the Bank of Central African States (‘the Central Bank”) shall take all useful precautions to prevent personal data that has been recorded from being distorted, damaged, or accessed by unauthorised third parties.

Financial market

Article 28 of the Law on Financial Markets regulates how long financial market data must be kept. It subjects the members of the specialised department in charge of supervising securities transactions to professional secrecy.

2.1.5. Specific provisions on data breach and data breach notification

In order to prevent data breach, the CEMAC Payment Systems Regulation lays down the following provisions:

• Data collection: The collection of personal data is necessary while opening a bank account (Article 10 (new) of the CEMAC Payment Systems Regulation)
• The obligation to inform: The reporting institution seeking the customer’s consent for the collection of their biometric data must inform the customer that the data will be used exclusively for the centralisation of payment incidents (Article 226 (new) of the CEMAC Payment Systems Regulation)
• Prior authorisation: While opening an account, the institution must, with the consent of the user, collect their data and ensure its accuracy, using their valid ID card or any other approved identification document (Article 226 (new) of the CEMAC Payment Systems Regulation)
• Data protection: Article 218 of the CEMAC Payment Systems Regulation requires the Central Bank to take all useful precautions to prevent personal data that has been recorded from being distorted, damaged, or accessed by unauthorised third parties
• Access to data: In order to avoid any data violation, Article 10 (new) of the CEMAC Payment Systems Regulation enables the user to have access to their data and to obtain its modification upon request

2.1.6. Sanctions and penalties

Banking Sector

In the banking sector, the sanction for a violation of banking secrecy is provided by Article 26 of the Law on Banking Secrecy. Anyone who violates banking secrecy shall be punished by imprisonment for a term of three months to three years and/or a fine of XAF 1,000,000 (approx. €1,460) to 10,000,000 (approx. €14,600). If the offence is committed through the press or a computer network, the penalties shall be doubled.

Contributor: Achare Takor (Senior Associate)
Centurion Law Group (Cameroon)
2nd Floor Immueble SCI Pallas
1319 Rue Drouot, Akwa, Douala
Cameroon

The material in this Guide is for general information only and does not constitute legal advice.  The content of this page is accurate as at January 2024.