The International Covenant on Civil and Political Rights (ICCPR), which Morocco has ratified
without entering any reservations, states in Article 19:
Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of his choice.
The ICCPR's Article 19, paragraph 3 states that this right may be subject to restrictions, but only
"such as are provided by law and are necessary: (a) for respect of the rights or reputations of
others; (b) for the protection of national security or of public order (ordre public) or of public
health or morals."
The U.N. Human Rights Committee, in its General Comment interpreting this right, states:
when a State party imposes certain restrictions on the exercise of freedom of expression, these
may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is only subject
to these conditions that restrictions may be imposed: the restrictions must be "provided by law";
they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of
paragraph 3; and they must be justified as being "necessary" for that State party for one of those
purposes.4
While the 2002 amendments to the Press Code made some improvements to the existing law, it
left many repressive aspects of that law in place. For example, it maintained criminal penalties
for libel but reduced the length of prison sentences that could be imposed. It preserved
imprisonment as a punishment for those who "insult" the king or who "undermine" the Islamic
religion, the institution of the monarchy, or Morocco's "territorial integrity" – a broad and vague
concept that has been invoked to prosecute those who question Morocco's claim to sovereignty
over the disputed Western Sahara.
Thus, the U.N. Human Rights Committee's observations about Morocco in 1999 continue to be
largely applicable to the plight of the press today. In evaluating Morocco's fourth periodic report
on its compliance with the ICCPR, the Committee stated:
The Committee continues to be concerned that the Moroccan Press Code includes provisions ...
which severely restrict freedom of expression by authorising seizure of publications and by
imposing penalties for broadly defined offences (such as publishing inaccurate information or
undermining the political or religious establishment)... In addition, the Committee is particularly
concerned that persons expressing political views opposing the government or calling for a
republican form of government have been sentenced to imprisonment ... These laws and their
application appear to exceed the limits permitted by article 19(3). [Morocco should] bring all its
criminal and civil laws into full compliance with article 19 of the Covenant...5
Human Rights Watch affirms the right of libel victims to seek remedies through the courts.
However, it views criminal defamation laws as incompatible with Article 19 of the Covenant and
endorses their abolition. The London-based nongovernmental organization Article 19 developed
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