expression and to freely distribute information, ideas, and opinions, limited only by that which is
expressly provided for by the law.”
The new constitution’s preamble states that Morocco undertakes to “grant to international
conventions duly ratified by Morocco – in the framework of the provisions of the constitution
and the laws of the kingdom, while respecting its immutable national identity – upon their
publication, primacy over internal law of the country, and to harmonize as a consequence the
pertinent provisions of its national legislation.”
The Penal Code
Article 263 penalizes “anyone who gravely offends a judge, public official, or commander or
agent of the public forces, with the intent of harming his or her honor, esteem, or the respect due
his or her authority.” Article 264 states that the offense of “gravely offending” someone includes
accusing the person of a crime that one knows did not occur. Article 266 allows penalties for
material that is either written with the purpose of “exercising pressure on decisions on matters
that are still before judges,” or “that tends to discredit court decisions and undermine the
judiciary’s authority or independence.”
International Law
The UN Human Rights Committee, the treaty body that is an authoritative interpreter of state
duties under the International Covenant on Civil and Political Rights, wrote in 2011 with respect
to article 19, which guarantees the right to freedom of freedom of expression:
Defamation laws must be crafted with care to ensure that they… do not serve, in practice, to
stifle freedom of expression.… At least with regard to comments about public figures,
consideration should be given to avoiding penalising or otherwise rendering unlawful untrue
statements that have been published in error but without malice. In any event, a public interest in
the subject matter of the criticism should be recognised as a defence.... States parties should
consider the decriminalisation of defamation and, in any case, the application of the criminal law
should only be countenanced in the most serious of cases and imprisonment is never an
appropriate penalty.