polling centres, advertising agencies and even translation businesses and research centres.
All of these bodies need to obtain licences from the government to operate (see, for
example, Articles 12 and 15) and are subjected to various other rules.
This is unnecessary and engages, in addition to the right to freedom of expression, the right
to freedom of association. In addition to issues relating to the role of the government (on
which see below under Independent Regulation), there is simply no need to subject all of
these types of activities to special licensing or even registration regimes. While
international law does accept some limited forms of registration in relation to the
traditional print media, even that is subject to strict conditions and, where it is extended to
so many different types of entities, cannot pass muster as a restriction on freedom of
expression and freedom of association.
Recommendation:
Ø The scope of the Law in terms of the number of different types of entities it
subjects to regulatory measures should be reviewed and this should be limited to
entities in relation to which such regulation can be justified as a restriction on
freedom of expression and freedom of association by virtue of the clear benefits it
creates.
2. Independent Regulation
The need for bodies which exercise regulatory powers over the media to be independent of
the government is well-rooted in both international standards and the practice of
democratic States. The reason for this is clear: if the government controls regulatory
actions, there will inevitably be a bias, or at the very least a risk of bias, towards regulatory
decisions which favour the government rather than the wider public interest. This clearly
undermines respect for freedom of expression.
Numerous authoritative international statements have been made along these lines. Many
of these statements focus on broadcast or telecommunications regulators, because most
democracies do not have official bodies that regulate the print media or journalists. The
2003 Joint Declaration of the special international mandates on freedom of expression
includes the following, broad statement about independence:
All public authorities which exercise formal regulatory powers over the media should be
protected against interference, particularly of a political or economic nature, including by an
Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 6