Pursuant to Article 48(a), the Director may close down press publications or Article 15(a)
entities which are operating without a licence and confiscate any outstanding issues. Such
actions should be undertaken only after a court has made an order to this effect.
Article 42 of the Law establishes a special system for the prosecution of both crimes and
civil wrongs committed by the print and broadcast media. The essence of the system is that
courts shall establish specialised chambers, which have more expertise regarding the
media, to deal with cases involving the media. The rules also provide for expedited
processing of criminal and civil cases involving the media, at both the initial and appeal
levels. The experience so far has been that these courts have generally shown greater
deference to the media and a better understanding of the operational needs of the media, in
particular their need to provide the public with up-to-date news.42 Furthermore, Article
42(i) of the Law prohibits pre-trial detention of journalists for crimes, which is a significant
advantage over ordinary criminal defendants.43
While special courts for the media are something which would normally attract some
suspicion, the fact that this system has resulted in more friendly treatment of the media by
the courts is clearly a benefit from the perspective of freedom of expression.
Recommendations:
Ø Consideration should be given to amending Article 31(b) to provide that any action
to ban foreign printed material should only be taken pursuant to a court order.
Ø Consideration should be given to repealing Article 35(b), giving the Director the
power to initiate a court action against a book and, at a minimum, the Director
should exercise great restraint in applying this article.
Ø The power to close down entities operating without a licence, as provided for in
Article 48(a), should vest in the courts, not the Director.
- Ends
42 Ibid., p. 75.
43 Ibid., pp. 72-3.
Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 27