On October 20, 2005, a court of first instance ruled that al-Mash'al's May 2005 column about
Bouteflika's adventures as a young man while living in Oujda, Morocco, and the accompanying
cartoon – which depicted the Algerian president in boxer shorts with his pants around his ankles
– constituted an offense to his dignity and convicted the weekly under the Press Code's Article
52. That article states, "An insult that is perpetrated publicly against the person or the dignity of
heads of state, prime ministers, foreign affairs ministers of foreign countries, shall be punished
by imprisonment from one month to one year, and a fine of 10,000 DH to 100,000 DH, or one of
these two punishments."
Al-Mash'al's lawyers charged that the trial was unfair because the court had refused demands by
the defense to examine the complaint against the article supposedly filed by President Bouteflika
or on his behalf. According to Article 71 of the Press Code, a case under Article 52 is initiated
"upon the request of the offended party, or on his behalf and in response to his request, by the
prime minister or foreign minister." The case file contained no such complaint from President
Bouteflika or other Algerian officials, Mohamed Tarek Sba'i, a lawyer for al-Mash'al, told
Human Rights Watch on April 25, 2006.
Al-Mash'al appealed the conviction and the Appeals Court is expected to issue its ruling on May
9.
Will licensing of private broadcasters diversify news and views?
Despite the pressure on independent newsweeklies, a decision by King Mohamed VI to ease
licensing of privately owned radio and television stations has raised hope for more diversity in
Morocco's broadcast media. The state's High Audiovisual Communication Authority (HACA) is
reviewing applications for broadcasting licenses. HACA Chairman Ahmed Ghazali predicted in
an interview with Reuters on March 8 that the HACA soon would license some twenty-four
radio stations and five television stations.
Although the move will surely increase the number of privately owned stations in Morocco, the
more important test is whether the HACA will steer clear of political criteria when ruling on
license applications, and whether the government will allow newly licensed stations to present
independent reporting and commentary on sensitive issues. Such a development would be a huge
step forward for press freedom in Morocco, at a time when outspoken print publications face
politically motivated prosecutions and court judgments, and state television provides a dull diet
of officially approved news coverage and commentary.
Recommendations
Moroccan authorities should allow independent publications to exercise the right to freedom of
expression to the full extent guaranteed by international standards, without fear of judicial or
other forms of harassment. To that end:
•
Authorities should introduce legislation to amend all provisions of the Press Code of
2002 that violate internationally recognized standards of freedom of expression. Libel
should be treated as a strictly civil matter; criminal libel statutes should be abolished.
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