Nichane case sparks concerns about press freedom in Morocco
2007-01-10
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.
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Yasmina Lahlou Posted 2007-01-10
What a paradoxical Society,I can't believe that people are shocked by jokes invented once from their own imagination..Offended by the jokes, why not by prostitution,misery,abuse,etc. They court better support those journalists.What a shame for a country that calls itself democratic and open!!
zeghidi Posted 2007-01-10
Years of imprisonment for the expression of an opinion as an offence : it would be a shame if the two journalists were sentenced. It was already a scandal to force them to apologize publicly for their writings; this fact confirms that the arab and muslim region is left far behind the worldwide progress. But we have to say above all that it’s not a country governed by islamists, but Morocco, that incriminated “Nichane” and its journalists ! Our moroccan brothers should wonder what will be the future of Morocco, of free speech, freedom of press, and what will happen to what we use to call “SMIG démocratique”, i.e. minimum freedom and rights for citizens if the PJD islamists were elected ?
sam Posted 2007-01-11
these journalists need to be freed this is crazy where is the freedom of speech and democracy that morocco pretend it has
M'hamed Posted 2007-01-11
That’s morrocan democracy : one step forward, two steps backwards
Wahbi Posted 2007-01-13
Having read this article about these jokes, i think the journalists trespassed the rules of ethics. The selection of jokes is fairly questionable. A magazine can be seen by any kind of public, kids, teenagers and adults. This has nothing to do with freedom of expression, but rather with the way of expressing things. A little bit of respect and consideration would not hurt anyone. Moreover, the very fact that they begged pardon is a reason to feel appalled. Independent press does a good job, but in its quest for freedom of speech, it has maybe forgotten to take into account the proper way of expressing. Good article, but the jokes are low level. Sorry.
bochaïb Posted 2007-01-13
The rearguard of the world and of progress? One step forward, two backward? I hope you remind that Morocco is a Muslim country, 9 people out of 10 are. Offending them seems normal to you? Freedom of expression doesn’t necessarily mean writing all that we feel like writing! If this is what you guys call under-development, then I am proud to be a Moroccan!
Simohammed Posted 2007-01-14
The issue is not a simple one. It’s so complicated that reacting to it in a superficial way won't work. It has to do with a mentality that lies very deep in the Moroccan culture. The elements in conflict here are very sensitive; Religion, the monarchy and the press. The religious field knows a conflict of positions about Islam and whether it is compatible with democracy and human rights or whether A large category of people believe Morocco should be ruled according to Islamic law. Another large category of people in Morocco believe that religion is everybody’s concern and should be left to everyone to practice it as they wish. The press is a relatively new element in the Moroccan society and the majority of Moroccan people are illiterate. Among those who are not, very few read the press. Thus the press does not contribute in making a clear cut public opinion. Nor do political parties! The one who controls the public opinion is the state, through its TV network. And its controlled elections.
samah Posted 2007-01-15
Frankly, these journalists are right. I cant imagine why they were arrested. Someone raises some serious issue and is arrested. Is this freedom of speech ? is this democracy ? We have the right to express ourselves, this is a democratic country. Better support them, not arrest them.
z_reda Posted 2007-01-16
I am not an extremist Muslim and not affiliated with an Islamic organization. But , like all Moroccans who have been wronged by this publication, I denounce it and demand that greater legal punishment be inflicted upon its publishers so that no one after that would dare to insult Islam. I consider that the rain that has not come yet so far is because of things like this newspaper did. Our Prophet peace be upon him said "If a people allow the moral turpitude to be spread among them, God will send upon them diseases and plagues not seen by their ancestors". It is known that social immorality is due to publications like these and what is even worse, the announcement of it. Freedom has certain limits in all countries even the most developed ones. For example no one today dares to doubt the Holocaust. This is my creed and I ask you honestly to accept it with an Islamic spirit. It is only my love to you that pushed me to write these modest words hoping you accept it with peace!
الخلفوني Posted 2007-01-16
Would you consider disrespect of God and insult to His Angels freedom of speech or democracy? These people are of our own and speak our language. I personally ask the prosecution to ask the court to enforce the harshest punishment on these two journalists and ban their paper for life!
امينة Posted 2007-01-17
God is great for this justice and this is the least severe of all punishments!
غيورة على الوطن Posted 2007-01-18
Everything has limits that if crossed, bad things happen. This is what really took place in our beloved country, and the reason is that we call for press freedom. what freedom is it that violates our moral values. We support constructive press freedom the one which seeks to lead us to progress not the one that shakes the fundamentals of our Islamic creed and convictions.
Simohammed Posted 2007-01-20
Truth is that in Morocco, some people behave as if they were living in the French Republic. After all, a journalist is nothing more than a journalist. A human being, making sometimes mistakes like everyone. I cant think of any reason to defend and support him when he goes too far. Taking risks implies dealing with liability, is all. The quest for fame has its price. I do not understand why recently, young unknown journalists showed up and started investigating on issues for which they dont have the required skills. Let us be humble. Our religion is too sacred to be used to confirm or infirm the existence of a so-called freedom of expression. Monarchy is part of our history and identity, and is the symbol of our unity. It would be wiser to leave it untouched and outside our overstatements. Press is a development and progress tool, for sure, but there are some limits too.
sami ahmed Posted 2007-01-22
Shame!
amnay Posted 2007-01-25
What was written in Nichane magazine in my opinion did in no way offend the religion or anything else; these things are quite natural within the Moroccan society. I’m against the oppressive sentences in a country claiming democracy and new era.
ried amrnas Posted 2007-01-31
What Nichane wrote is an insult to our Islamic religion and beliefs. Freedom of expression is a duty but should have limits and should be invested in other areas!
TABET72 Posted 2007-02-06
Nichane made a big mistake for which it deserves the punishment it got. They could have written about jokes making fun of peace in Morocco. Instead they chose to pick literally what is insulting to the whole Islamic world.
ادريس المهاجر Posted 2007-02-16
First I always said that an apology for one's mistakes is a virtue..and these people have in fact apologized. The dangerous thing for us is when people do not apologize...you know the story!
بن يمين Posted 2007-11-26
Shalom, salam alaikom to you, my dear brothers of Moroccan decent! Why didn't Benchemsi dare to speak out during the rule of Hassan II, a time of serious reporting business? Whoever dared to say something about.... Youssef Cohen thinks that Moroccan Jews in Israel live in poverty, but the Zionist lobby statyed behind. I say to Benchemsi, you are better off living among Nazis in Europe and leaving Morocco alone, because even being a Muslim is too much for you. You disgust me!
سلوى Posted 2008-05-04
The journalists should be released because this is contrary to democracy. How can it be said that Morocco is a democratic country when in a short time we have heard about the order issued against Al Massaa and now we hear the same thing about Nichane magazine? I wonder why are such orders are issued against the best magazines and newspapers in Morocco?
خا111رج السرب Posted 2009-04-07
Peace, mercy and blessings of God be upon you. My brothers, I think the problem is not limited to dear Morocco, it concerns Islam as a whole. I am a Kuwaiti Muslim, I was resentful at these jokes. God is the assistant. I remind you of the honourable verse “And if you should question them, they would certainly say: We were only idly discoursing and sporting. Say: Was it at Allah and His communications and His Apostle that you mocked?”
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