Controversy over proposed changes to Morocco’s press law

2007-07-16

Reporters Without Borders and some local journalists have criticized an amendment to Morocco's press code for not decriminalising press offences. The national press syndicate welcomed the new draft.

By Naoufel Dekkaki for Magharebia in Rabat – 16/07/2007

[Naoufel Dekkaki] The current draft retains prison sentences for journalists

A proposed alteration to the press code is generating controversy in Morocco, with local and international organizations criticizing provisions perceived as limiting press freedom.

In a letter addressed to Moroccan Prime Minister Driss Jettou on July 12th, Reporters Without Borders (RSF) called for significant changes in the current draft, which does not "provide the necessary guarantees for the protection of journalists in Morocco."

"The most disturbing aspect of the draft is the decision to retain articles providing for prison sentences for press offences," the RSF letter said. "Most of the legal provisions used to convict journalists in recent years have been kept. Among the most common offences one finds 'insulting the king' and 'insulting the sacredness of institutions.' "

According to RSF, many provisions are drafted vaguely, such as article 85, which "almost systematically bans coverage of anything involving personal privacy".

The proposed National Press Council (CNP) will have disciplinary powers and "could turn into a new tool for censoring journalists", the Paris-based organisation added.

Commenting on the issue, Communications Minister and government spokesman Nabil Benabdellah described the RSF letter as "unimportant".

"The important thing is the way professional groups are dealing with the draft law which they have described as a positive step by the government", Benabdellah told Magharebia, adding that the discussions the government held over the new code "confirm the extent of consultations aimed at protecting press freedoms".

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Benabdellah said that the latest draft of the bill is final and will soon be presented to Parliament.

In a statement to Magharebia, Moroccan National Press Syndicate (SNPM) Secretary-General Younes M'Jahed conveyed his organisation's support of the draft legislation. He said the syndicate and the Publishers Federation consider the latest version of the draft bill to be more advanced than the law currently in place.

Meanwhile, Ali Anouzla, editorial advisor to Moroccan daily al-Masae, expressed his rejection of the bill for keeping prison sentences and for consolidating what he said were lines that journalists may not cross, such as discussing the monarchy, the army, Western Sahara and Islam. In a statement to Magharebia, he criticised the draft for not being made a subject of public debate, considering it a "step backwards" from what Moroccan press has achieved.

In recent years, many prosecutions of journalists in Morocco have led to prison sentences and fines exceeding the values of the newspapers themselves.

This content was commissioned for Magharebia.com.
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Essoulami Posted 2007-07-16

It is true the proposed press code was not brought to a public debate. The exchange between the government and the industry occurred behind closed doors. Many journalists did not read the draft, nor did human rights NGOs. This is very bad for a bill that concerns the entire population's right to free expression. The does not constitute progress the way some people pretend. It seeks to preserve the status quo of things, but with a few minor improvements. Numerous prison sentences were upheld and fines were increased to levels never before seen in the history of the press. The right to access information is also not guaranteed, and the Press Council outlined in the bill will not have any independence or credibility, as it will have the power to sanction journalists by revoking their press credentials and to control their attitudes that violate the code of ethics even outside their work. We have published several reports on this subject and would be happy to send these reports to anyone interested. –CMF MENA info@cmfmena.org

رشيد الملكاوي Posted 2007-07-17

In a time when Morocco makes a good progress in the field of political reforms and human rights, these reforms should be accompanied by offering more freedom of expression and more freedom for journalism and stop repressing journalists. The degree of freedom enjoyed by journalists and the media in any country is the main indicator of individual freedoms and human rights enjoyed by the citizens of that country.

BEN Posted 2007-07-18

The press union has greeted this code favourably, or rather “act.” But, for God’s sake!!!... There are more than 60% illiterates! And it needs to be made clear that some of this percentage, not all, are in the profession of journalism. No one ever said "a one-eyed man is king among the blind" if we look at the quality of certain press. It could be said that the current journalism with this code resembles the weather forecast: we are never sure about tomorrow. Nevertheless, in reality, these prescriptions are not applied to the letter without abuse of course, because no government wants the press on its back. And just as someone else said, "Freedom of expression is not gift from God, rather it comes only after a long struggle so that its price may be known, and also to be used in the interest of basic freedom." Thus, objective information and quality, independent analysis, with less partisan and sponsored newspapers, and investigative reporting if we have the means and necessary abilities.... this is still a faraway goal.

Moulay Abdellah BOUSKRAOUI Posted 2007-07-24

A Letter to the Heads of Morocco’s CNP and the RSF. Praise be to God alone. In this letter, I would like to pose a question to you: do you want stability for the Arab countries or is it that you desire to make us into another Iraq?... Because the Arab countries are in the process of crossing through a pivotal situation which journalist could be an impartial part of by respecting our consitition and laws and participating in an effort to maintain order, instead of the opposite. It is easy to use the words “Freedom of Expression” as an excuse, but if these words are able to contribute to the destabilization of the security of a country or a region only to sell and article, where should the priority lie in your eyes? This should not simply be pushed off under the pretext of defending the freedom of expression without first paying attention to both the country’s interests and the region’s stability. In Morocco, there exists a broad-sweeping freedom of expression which is unprecedented in the region. But, everything has and will always have its limits. Without such limits, it would be as if we were in an band wherein everyone marches to their own beat; it would be utter disorder. There exists rights of the press, but there also exists the right of the State. And, every State has and will always have the right to defend its priorities and its principles. Each trade has its rights and privileges. Thus, before whipping out slogans, it is first necessary to be impartial. Caution to all Moroccans: do not trust anyone. And a “Good Day” to you, my dear brothers and sisters. It needs to be known that the largest and most devastating problem to a great nation is disenchantment. In Morocco, when the sovereign decided to make some serious reforms towards the development of the country in 1999, the lobbyist used certain echelons of the press to sow disenchantment and to destroy any proposals. Thus, it is necessary to be vigilant and attentive, and to not trust any type of press.

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