It is not entirely clear from the language of Article 17(a) whether the scheme does allow for
discretion to refuse to issue a licence once the conditions are met.
While international law does not entirely rule out technical registration of the print media,
it recognises the potential for abuse of such systems, and therefore calls for restraint in
imposing them. As the special mandates noted in the same 2003 Joint Declaration:
Imposing special registration requirements on the print media is unnecessary and may be
abused and should be avoided.
The various rules limiting the area of specialisation of specialised publications, unless
consent has been obtained from the Minister, in Articles 19 and 26, are not legitimate.
These publications should be allowed to change their focus, albeit perhaps with some
protection for consumer rights (for example for people with longer-term subscriptions).
This will create a more competitive and flexible market for publications in the country, and
is also more in line with international guarantees of freedom of expression.
The rules on funding, in Article 20, are excessive. Most countries do not place limits on
foreign investment in the print media sector although such rules are more common in
relation to broadcasting. At a minimum, some level of foreign investment in the sector
should be allowed. This will not only allow for much needed funds to flow into the sector,
but it will also bring foreign expertise and skills, which will help the sector develop. There is
also no need to stipulate that publications should rely on legitimate sources of funding,
since illegitimate sources are already presumably banned by the rule that renders them
illegal in the first place.
Recommendations:
Ø Consideration should be given to doing away with any special registration system
for press publications and Article 15(a) entities and, at a minimum, the Law
should make it clear that there is no discretion to refuse to issue a licence once
the legal conditions have been met.
Ø Applicants should be informed forthwith once a decision on their registration
application has been reached.
Ø The deposit rules in Articles 34(d) and 35(a) should be amended to provide for
deposits with a national library.
Ø Article 41, requiring study and research centres and public opinion polling
centres to obtain approval from the Minister before they may receive funds,
should be repealed.
Ø The rules in Articles 19 and 26 limiting the flexibility of specialised publications
to address other topics should be repealed.
Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 12