Nichane case sparks concerns about press freedom in Morocco

10/01/2007

Two Moroccan journalists are on trial for publishing an article that Moroccan authorities deemed offensive to Islam. Local and International groups are calling the trial and the decision to ban the publication a violation of press freedom.

Imrane Binoual in Casablanca contributed to this report -- 10/01/07

[Getty Images] Nichane Editor-in-Chief Driss Ksikes (right), speaks with his lawyer Chaouki Benyoub on Monday (January 8th) during the trial.

The trial of two Moroccan journalists, accused of offending Islam, has sparked worldwide concerns about the limits of press freedom in Morocco. On December 20th, Moroccan authorities charged Nichane magazine Editor Driss Ksikes and reporter Sanaa Al-Aji with "offences against the Islamic religion" and "publication and distribution of written material opposed to moral values" under Press Publication Law 2002. The publication was subsequently shut down.

At the first trial session on Monday (January 8th) in Casablanca, the royal prosecutor called for a prison sentence of three to five years, a fine, and a ban on their professional activities.

The Moroccan newspaper editors’ federation (FMEJ) issued a statement criticising the "administrative measures taken against the weekly newspaper". The federation also called for its code of ethics to be respected. "The FMEJ … notes the apology tendered by the publication and reiterates its attachment to the professional values promoted via its code of ethics."

In a statement read on public television, the magazine's staff said they "were not trying to offend any of our Muslim readers … we strongly apologize, especially because we have a respectful relationship with our readers".

Nichane owner Ahmed Reda Benchemsi told the New York based Committee to Protect Journalists (CPJ) that the magazine's staff has received death threats via phone and e-mail since the government pressed charges. The offending article, published on December 15th, was a round up of religious and political jokes entitled "Jokes: how Moroccans laugh at religion, sex and politics." Benchemsi said that some of jokes involved God, angels and prophets as characters, but did not make fun of them.

"We showed great wisdom in reminding readers that we were only reflecting what goes on in society, that these jokes were not made up by us, that it was possible that some readers with a different view from our own might find them offensive, and that if this were the case, then we apologised to them," Ksikes said during the hearing.

"All I did was to report to our readers a phenomenon seen in Morocco concerning laughter and anecdotes. We made no judgements about religion, politics or the monarch," Al Aji said.

"We’re worried by this senseless indictment. We would hate to see the court in turn taking up the prosecutor’s archaic and ultra-repressive positions. Moroccan courts had already taken a mediaeval position when they banned the journalist Ali Lamrabet from writing for ten years. We hate to think that this scenario could be repeated with Nichane," Paris-based Reporters Without Borders said.

The International Press Institute in Vienna described the actions taken against Nichane and the journalists as "a severe violation of press freedom" and noted that freedom of expression is protected under Article 9 of the Moroccan constitution. "Based on customary international law, freedom of expression is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those who offend, shock or disturb the State or any sector of the population."

If convicted, the two journalists face fines up to 100,000 dirhams and prison sentences of 3 to 5 years. A verdict is expected next week.