Moroccan radio and television have meanwhile remained close to the official line, although
officials promise that the licensing of new, privately owned stations in the coming months will
diversify the broadcast media.
Despite these advances, the 1958 Press Code,2 as amended in 2002 under the present king,
Mohamed VI, contains numerous provisions incompatible with the full exercise of freedom of
expression, including several that provide prison terms for speech "offenses." The frequent
application of these provisions against journalists contradicts the image Moroccan authorities
seek to project, of commitment to human rights and to freedom of expression in particular.
Moroccan judges, for their part, do not seem to weigh freedom of expression, both as a public
good and as a right enshrined in Morocco's constitution,3 when ruling on alleged infractions of
the Press Code, and when setting damage awards in libel cases. Although the courts have
sentenced no journalist to actual time in prison time under the Press Code during the past year,
they have given at least five journalists suspended prison sentences and slapped outspoken
magazines with arbitrarily high libel judgments that seem intended to financially squeeze them
or force their closure. Among these cases:
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A court of appeal upheld the criminal conviction of journalists at Le Journal for libeling a
Brussels-based research institute, imposing fines and damages of 3.1 million DH, an
amount far greater than any awarded previously in a libel judgment.
Courts of appeal convicted journalists at TelQuel ("Such As," French-language) in two
libel cases, ordering them to pay 50,000 DH in fines and 500,000 in damages in the first
case and 10,000 DH in fines and 800,000 DH in damages in the second. In the former
case, TelQuel was fined far more than three other publications that had ran the same
libelous item, even though TelQuel has a much lower circulation than two of them and
had published a prompt retraction and apology for the libelous item. In neither case
against TelQuel did the court spell out the basis for the size of the damage awards it
awarded.
A court of first instance convicted journalists at al-Ayyam ("The Days," Arabic-language)
for printing photos of the royal family without authorization, based on an obscure and
rarely used 1956 law, and for publishing "false information." The court imposed fines
and suspended prison sentences on a reporter and the publication's director.
A court of first instance convicted al-Mash'al ("The Torch," Arabic-language) on charges
of insulting a foreign head of state because of a cartoon and article ridiculing Algerian
President Abdelaziz Bouteflika. It handed down a fine of 100,000 DH and a one-year
suspended sentence to the weekly's editor. An appeals court is expected to rule on the
case on May 9.
The director of al-Ousbou'iyya al-Jadida ("The New Weekly," Arabic-language) is on
trial, along with Islamist Nadia Yassine, on criminal charges of "undermining" the
institution of the monarchy by publishing an interview with Yassine in which she
characterized the monarchy as a political system ill-suited to Morocco.
International legal standards
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