RepetitionandMultipleSanctionsontheMedia

Transcription

1 Mont hl ypol i c yupdat e s F r e e domofpr e s sandme di a A u g u s t RepetitionandMultipleSanctionsontheMedia U n c o n s t i t u t i o n a l

2 Monthly Policy Updates: Freedom of Press and Media in Egypt August Conducted by Ahmed Aboelmagd Researcher in Indivadual Freedom and Rule of Law Programs Cover Designed by Ahmed Sobhy Issued by individual freedom Program 2017 The Egyptian Center For Public Policy Studies 21 Abd El-Mgeed El-Ramaly st, 7th floor, Flat 71, Falaki square,downtown, Cairo, Egypt Tel / Fax : All printing and publishing rights reserved under the Creative Commons license, Attribution-ShareAlike 4.0

3 The Egyptian Center for Public Policy Studies (ECPPS) is a non-governmental, non-party and non-profit organization with a mission to propose public policies that aim at reforming the Egyptian legal and economic systems. ECPPS s goal is to promote the principles of free market, individual freedom and the rule of law. The Egyptian Center for Public Policy Studies ECPPS 1

4 The Egyptian Center for Public Policy Studies (ECPPS) issues this monthly report on policy updates regarding freedom of press and media in Egypt, in an attempt to support the principles of transparency, freedom of information and freedom and independence of press and media in Egypt. Every month, ECPPS sheds the light on and analyzes one of the cases of legal developments related to press, media or freedom of information, as well as judgments issued against practitioners in the field. The Center also explores the political atmosphere directly or indirectly affecting press, media and freedom of information through censorship, confiscation etc., as well as the economic atmosphere and the degree of professionalism in media performance while covering events. The report also explores how far the media discourse is balanced and keen to represent all points of view, especially the opposition's. Finally, the report suggests recommendations related to the issue explored and the possible means for reforming such issue in a way that serves freedom of press and media. The Egyptian Center for Public Policy Studies ECPPS 2

5 Repetition and Multiple Sanctions on the Media Unconstitutional" August has witnessed the decisions of the Supreme Council for Media Regulation to stop broadcasting four television programs for one month each, on charges of violating the ethical code for media, and warning the channels of withdrawing the license if they repeated the offense. Although the facts attributed to the four programs were the same as those considered by the Media Syndicate, the media syndicate's assessment differed from that of the Council. In the same week, it decided to impose increase sanctions on two of its members who broadcast these programs, One month to Three months for stopping their programmers, for these broadcasters «Reham Said» and «Duaa Salah», while the Supreme Council for Media Regulation decided to reduce the penalty for the other two - namely «Mohamed Ghiti» and «dr. Said Hassassin», warning them from stopping their programs for a month to the mere warning of the provider! It is true that the law of the syndicate must be held accountable in the case of violating one of the provisions of the ethical code of media, which has not yet been issued, and that the law of the institutional organization of the press and media gives the Supreme Council the task of accountability the channels in which they work. However, the imposition of a double penalty on the same facts, is not allowed by any law or constitution, and the suspension of the broadcaster for three months is meaning only to stop the program itself during this period, although the penalty imposed by the competent authority epically through the Supreme Council, is to suspend it for one month only, and the syndicate pass a warning punishment to the broadcasters of these programs «Sahi El-Nom» and «Enfrad» but that will not change the fact of the Supreme Council which decided to stop the programs - and thus stop their sponsors - for a month. Although the Supreme Council escaped the attention of that the legislator gave it the power to impose sanctions on the media institutions so that these sanctions will motivate them to oblige their employees with professional charters through an internal accounting mechanism that prevents them from going overboard if repeated mistakes are occurred. Board of Directors of the Syndicate of Media also escaped the attention of that it is an interim council which task is only to establish the syndicate's agenda, as well as the disciplinary matters in professional syndicates should be applied within the framework of the guarantees provided by law, including the right to defend themselves, The appeal of sentences handed down by sanctions but the parties aren t aware of that their main task is not only to compel journalists to fulfill their duties - including respect for professional codes of conduct but also to defend their material and moral rights, Expression and independence. The Egyptian Center for Public Policy Studies ECPPS 3

6 The decisions of the Council and the Committee were contrary to the founding laws of both whether in the Organization of Audiovisual Affairs in media, the print and digital press for the first, or the establishment of a media syndicate and the issuance of a code of ethics in media as a basic task for the Committee, Which warning to impose subsequent censorship on the media content, as well as potential conflicts between the entities' authorities, while the Committee imposed sanctions without announcing a regulation to arrange its work or the nature of the violations and penalties were imposed so far. President Abdul Fattah al-sisi issued a law of the media syndicate in the first of last January, which stipulates the formation of an interim committee which task is to issue an ethical code of media and establish a media syndicate to last for six months from the date of its first meeting. The task of the Committee shall be concluded after the General Assembly elects the first elected syndicate council. The general assembly of the syndicate issues the internal regulation upon the proposal of Board of Directors of the Syndicate of Media within a period not exceeding sixty days from his election. The Interim Committee, composed of 11 journalists were hired by the Council of Ministers, organized its first meeting in March. The law stipulated that the election of the council of the syndicate will be within six months of the first meeting of the founding committee Instead of taking serious steps towards establishing the syndicate, the commission began to issue punitive decisions, most of which concerned preventing journalists from working without an executive regulation specifying the violations and penalties imposed in the event of committing. The Ethical code of Media was another area of conflict of authorities between the Council and the Founding Committee. The problem facing the Egyptian media now lies in the temporary and misguided legal conditions that govern it. The government, in order to correct the course, insisted on dividing the unified media law, into sections, prepared by the National Committee for Legislation, The first section issued, it is the law of the "The Law of Institutional Organization", it formed the three councils that manage the information affairs, while the second section is still The law of «organization of the press and media» still pending at the House of Representatives, despite the approval of the government, and the promise of the Council to issue it in the parliamentary session that has ended. It is widely recognized that its non-issuance is meaningless, but the situation remains the same as it was before the referendum on the 2014 constitution, that the previous laws remain as they are, and that the three councils are unable to carry out their duties. It would have been logical for these councils to become at imbalance condition, so it doesn t find any solution to of the regularization of Egyptian newspapers and websites, except to try to find the party that issued the decision to close them, and to set a project for freedom of information and to issue a decision to impose a fine of 200,000 pounds Every media outlet broadcasts an offensive word. The Egyptian Center for Public Policy Studies ECPPS 4

7 If the offense is repeated, it is closed without realizing that the fine is a penalty imposed only by law and issued only by a court, or that the constitution does not permit the closure of newspapers or the media; or seeks to draft the law regulating of the organization for the press and the media, also passing the law to abolish the deprivation of freedom in the crimes of publication from pending at the Ministries of Justice and Deputies, because correcting the path in its vision, must begin to discipline journalists and media, without procedures or guarantees Recommendations: The speed of issuing the executive regulation of the institutional organization law for the press and the media. Passing the draft law regulating the press and media and the law to abolish the penalties of deprivation of liberty in the crimes of publication from pending at ministries of justice and deputies. Taking the committee of establishing a media syndicate serious steps towards the establishment of the syndicate and the convening of the General Assembly to choose an elected syndicate council. Issuing the ethical code of media. Coordination between the Supreme Council of Media and the Media Syndicate regarding discipline. The Egyptian Center for Public Policy Studies ECPPS 5

8 Monthly Policy Updates Freedom of Press and Media August Abd El-Mgeed El-Ramaly st, 7th floor, Flat 71, Falaki square,downtown, Cairo, Egypt Tel./Fax. :