Media legislation

Following the General States of the Press held from 29 to 31 March, 2010 at the Palais des Congrès in Niamey, which brought together several actors including foreign experts, the authorities of the Transition of the Conseil Suprême pour la Restauration de la Démocratie (Supreme Council for the Restoration of Democracy - CSRD) adopted a new law on the press, in order to integrate provisions on the ban on preventive detention of journalists. Successively, Ordinance N 2010-35 of 4 June, 2010, governing the press regime in Niger and decriminalising the offenses committed by the press, was adopted by the CSRD regime. Article 67 of the Ordinance states that: "In the case of press offenses, preventive detention is prohibited. The judge can not issue a warrant of committal or an arrest warrant."

A draft law on the protection of press freedom was launched in 2018. This initiative is motivated by the need to draft a new law that guarantees a better exercise of the profession of journalist, freedom of expression and the independence of media and which will lay down the fundamental principles for the protection of freedom of the press, in accordance with the provisions of Article 100 of the Constitution of 25 November, 2010. It comprises 12 chapters and 91 articles.

The granting of an authorisation issued by the Agence de Regulation des Telecommunications et de la Poste (Regulatory Agency for postal services and telecommunications - ARTP) are required by: Independent networks in the public domain, including terrestrial; interconnection services of a network forming part of the Internet infrastructure; equipment enabling the public to access, for a fee, fixed-point and telex telephony services; any service by which an operator establishes a telephone connection between the Republic of Niger and a foreign country. In 2018 ARTP was renamed into Autorité de Régulation des Communications Électroniques et de la Poste (Authority for the Regulation of Electronic Communications and Postal services - ARCEP), which since then also takes into account digital communications such as online media and social media.

The commercial exploitation of value-added services such as voice mail services, the list of which is regulated, may be provided to any natural or legal person after filing a declaration of intent with the ARCEP, upon opening of the service.

Any telecommunications network or service that does not fall under either the licensing regime or the licensing scheme may be established and/or operated freely. These include: internal networks, subject to the conformity of their equipment; independent networks, whose termination points are less than 300 meters apart and whose links have a capacity of less than 2.1 megabits per second.