Halima Assali v. Ahmed Benchemsi, Karim Boukhari, and TelQuel
Case Law- Country
- Country Location
Latitude: 31.791702
Longitude: -7.09262
- Country Location (Lié Case Law)
- Morocco
- Decision Date
- 15 août 2005
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Affirmed Lower Court
- Case Outcome (Disposition)
- Criminal Sanctions
- Keywords
- Constitution
- Defamation
- Fines
- Freedom of Expression
- Freedom of Press
- Libel
- Media/Press
- Publications
- Slander
- Judicial Body
- First Instance Court
- Court Name
- Casablanca Court of Appeals
- Case Summary
Boukhari wrote an article entitled "A Brunette's Secret" which a woman "from the Middle Atlas region," who began her career as a dancer and eventually became a legislator. The article identified her by the pseudonym "Asmaa" to avoid liability for libel. The suit was brought by pro-government parliamentarian Hlima Assali, who assumed she was the target. Despite the absence of one of the defendants, and the lack of legal representation for the defence, the editor of the publication and Boukhari were sentenced to suspended imprisonment, a fine, and to pay damages to Assali. The conviction was upheld on appeal, but the damages award reduced.
- Case Significance
The decision does not establish a binding or persuasive precedent within its jurisdiction. The significance of this case is undetermined at this point in time.
- Related Caselaw (self)
- Source Name and URL
- Human Rights Watch
- Collection
- SMEX
- Date Updated
- 19 août 2024