The court ruled that defendants Miftah and Moukrim acted in bad faith because they published
these items knowing that they were false – something that they had never conceded, according to
Karam. But the ruling's most disturbing feature is its dangerously expansive notion of when
speech disturbs the "public order":
The aforementioned article contains untrue elements that impinge on the institution of the
monarchy, where it states that "the role of the harem was limited to adorning and kissing the feet
of King Mohamed V and to satisfy his sexual desires"; and that Hassan II, a rational man, was
passionate about astrology and wore a talisman to ward off evil spirits. It impinges on the Islamic
religion where it mentions that "the Alaouite tradition was that pregnancy preceded marriage,"
considering that this piece of gossip relates to the king who is the legitimate Commander of the
Faithful. The article thus impinges on the fundamental pillars of the state that find expression in
the institution of the monarchy and the Islamic religion; these are things that are sacred to the
nation and to which Moroccans are attached in an essential manner. The untrue assertions about
them that were published in the aforementioned article provoked indignation among citizens,
inflicting harm on their spiritual values and their sacred beliefs – values and beliefs that form
part of the public order – if they are not its very embodiment.
Some observers noted that the prosecution of al-Ayyam was less about curbing political reporting
than about halting a trend in the popular press toward gossipy feature-writing about the royal
family. But the prosecution was a warning nonetheless to all publications of the legal risks
associated with any form of critical reporting or commentary on the monarchy.
Al-Ousbou'iyya director charged for interview questioning monarchy
The prosecution of Abdelaziz Koukas, director of al-Ousbou'iyya al-Jadida, andof Islamist
Nadia Yassine exemplifies the legal dangers of posing even general questions about the
monarchy. Both Koukas and Yassine, who is spokesperson for Justice and Charity, a Moroccan
Islamist movement, face prison if convicted for an interview with Yassine that al-Ousbou'iyya
al-Jadida published on June 6, 2005. In that interview, Yassine called the monarchy a form of
government that was ill-suited to the country. The state prosecutor subsequently charged her and
Koukas with "undermining" the institution of the monarchy, under Article 41 of the Press Code.
The court has postponed the trial of Yassine and Koukas several times, most recently on March
14, 2006. It has not announced a new date, but the charges hang over both defendants. The
prosecutor's office used the charges as a pretext to prevent Yassine from traveling abroad on
February 20. They allowed her to depart two days later – too late, she said, to attend the event
that was the motive for her trip.
Fine and suspended prison term for "insulting" foreign head of state
A satirical article and cartoon about Algerian president Abdelaziz Bouteflika earned al-Mash'al a
100,000 DH fine and a one-year suspended sentence for the publication's director, Driss
Chahtane.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents