harems reportedly maintained by Mohamed V and by his son and successor, King Hassan II, but
said the present king, Mohamed VI, had broken with this practice.
On November 22, the Maghreb Arabe Presse (MAP), the state news agency, announced that the
state prosecutor was opening a criminal investigation into al-Ayyam's report. The following day,
in a strange turn of events, the MAP published a dispatch reporting that Doctor Cleret had denied
ever granting an interview to al-Ayyam's Moukrim, saying that the journalist had instead spoken
to his wife. She, according to the MAP, disputed the accuracy of the remarks that al-Ayyam had
attributed to her husband. (Dr. Cleret subsequently challenged the MAP effort to discredit the
interview, confirming that Moukrim had interviewed him and had, in general, quoted him
accurately.12)
On November 24, the judicial police in Casablanca summoned Moukrim and Noureddine Miftah,
director of al-Ayyam, for questioning about its harem article. The prosecutor subsequently
charged them under Article 42 of the Press Code with "disturbing the public order" by
publishing, "in bad faith," "false information." The "false information" offense is punishable by a
prison term of between one and twelve months and a fine of between 1,200 and 100,000 DH.
The prosecutor also charged them with publishing photographs of the royal family without
authorization, under an obscure 1956 law13 that had not been applied in recent years despite the
fact that Moroccan papers publish hundreds of photos of the royal family each year without
seeking permission. Al-Ayyam's "offense" was apparently that it featured "private" pictures of the
royal family never before shown by Moroccan media, including one of the wife of Mohamed V
and another of King Hassan II wearing a bathing suit.
On February 13, 2006, the Casablanca Court of First Instance convicted Miftah and Moukrim on
both counts and sentenced them to suspended prison terms of four months each and al-Ayyam to
a fine of 100,000 DH (case 2006/153). The court ruling listed a number of "false" items
contained in al-Ayyam's report, such as the depiction of Hassan II as highly superstitious and the
statement that, "the Alaouite tradition was that pregnancy preceded marriage."
The Press Code requires that two conditions be satisfied in order to convict someone for
publishing false information under Article 42: first, that the false item be published in "in bad
faith" and, second, that its publication "disturbs the public order."
The defense focused its strategy on attempting to show that Miftah and Moukrim did not act in
bad faith. They said that they had presented information about the royal harem culled from Dr.
Cleret and other sources, and had done so in good faith and without meaning to harm anyone.
But when deciding on its strategy, the defense found itself "between a rock and a hard place,"
Mohamed Karam, al-Ayyam's lawyer, told Human Rights Watch on April 21. If the defendants
had chosen a different strategy, such as attempting to prove the truthfulness of the contested
information, they could have faced prosecution under Article 41 instead of Article 42, Karam
said. Article 41 punishes speech – whether true or false – that is deemed to undermine the
institution of the monarchy, the Islamic religion, or Morocco's "territorial integrity." Article 41
also provides heavier penalties than Article 42, including prison terms of three to five years, a
fine of 10,000 to 100,000 DH and suspension of the publication for up to three months.
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