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Politicians and political activists in Tanta demand an end to prison sentences for journalists
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15/7/2007
Members of political parties, professors of media, human rights activists and members of the People's Assembly and Shura Council called for an end to prison sentences for journalists in order to protect press freedom and journalists, and give effect to the Egyptian Constitution and international human rights instruments which protect freedom of opinion and expression. During the workshop held by the Egyptian Organization for Human Rights (EOHR) in the Green House Hotel, Tanta, on 12th July 2007, participants also underlined the importance of amending legislative provisions which impose prison sentences on journalists in all offences connected with expression of opinion, printing and publication, including the Publications Law, Penal Code, Press Organisation Law, State Documents Law, Civilian Public Employees and Prohibition on Army News Law, military legislation, the Political Parties Law and the State Intelligence Agencies Law.
The workshop forms part of the activity of the Platform for Legislative Reform formed by EOHR in January 2007 and which will pursue its activities for two years in seven governorates (Cairo, Alexandria, Gharbeyya, Damietta, Port Said, Assiut and Qena) and seeks the amendment of domestic legislation to bring it in line with international human rights standards as contained in international human rights instruments ratified by Egypt. The Platform aims to realise this by either putting forward new draft laws necessary in the current context and which are in harmony with international human rights standards or drawing up alternative draft laws to replace existing legislation in conflict with human rights. It will also lobby for the repeal of such laws, and will discuss draft laws presented to the People's Assembly and Shura Council by inviting experts to comment on them, in order that they are eventually presented to the President of the Republic and the heads of the People's Asssembly and Shura Council.
Participants agreed on the formation of a national movement bringing together university professors and members of university faculties, members of the People's Assembly and Shura Council, civil society representatives, trade unionists and members of poltical parties under the banner 'no the imprisonment of journalists.' The movement is aimed at ridding Egyptian legislation of all provisions restricting freedom of opinion and expression in general, and in particular provisions concerning press freedom of expression and the imprisonment of journalists. The workshop dealt with press freedom from several angles: the meaning of journalism, the fundamental role played by press freedom, the laws governing press freedom, journalists rights and duties, the law and dual protection, prevention of newspaper circulation, newspaper ownership and local newspapers. It also documented the case of a journalist imprisoned in a case involving the press.
At the end of the workshop participants agreed on the following recommendations:
1. Custodial sentences in publication crimes and those involving expression of opinion must be abolished definitively because they take us back to the age of the inspection courts - particularly given that all cases which result in a prison sentence being handed down to the journalist are of an unclear and vague nature (for example 'endangers state security') These definitions can be shaped and modified according to the current climate, the effect of which is the imposition of restrictions on the freedom of expression and creative thought by the State.
2. The law must provide dual protection:
- Protection of state institutions for the higher interests of the states.
- Protection of intellectuals and the press in order to protect freedom of thought and expression as a fundamental component underpinning a creative, progressive society. The culture of society must be brought to the fore, a quote by Abbass Mahmoud el Aqqad perhaps best illustrating this: "the nation has read, thought and assessed. The State of thought not only precedes the State of governance but leads it."
3. A legal mechanism must be put in place to prosecute and call to account the withholding of information from journalists by any public or government body. The imposition of any restrictions hindering the freedom to disseminate information must be prohibited without prejudice to the requirements of mounting a defence and national security.
4. The media should not be part of the government apparatus. The necessity of the audio-visual and print media - whether private or state-owned - ensuring neutrality and objectivity must be clearly stated.
5. The state of emergency must be ended. It has become a fundamental tool for the violation of freedom of opinion and expression, and has extended to the executive authority the power, under article 48 of the Constitution to censor, seize and shutdown newspapers and publications. This power has also defined the circumstances which affect public security. The current emergency law's article 3 widens these powers and allows the executive branch to seize, ban and shutdown publications while freeing the government of any restrictions under the Constitution.
6. Parallel provisions in the Penal Code and Press Code must be abolished in order that the press can perform its role in ensuring freedom of opinion and expression and presenting national issues and concerns. It can also play a role in bringing about change as happened at the time of the Military Service Law, in which issue the press played an effective role.
7. The press's role as the fourth estate must be fully understood at all levels of society. National newspapers must therefore establish an academy for journalists which prospective journalists would attend before pursuing the profession. The academy would prepare the journalist in the vocational, artistic and academic aspects of journalism, enabling him to pursue this vocation with the highest level of integrity, neutrality and objectivity and freely express his opinion without defaming others and rushing into decisions without enough evidence.
8. Trade unions must be given wider opportunities to hold wrong-doers to account, as long as this does not result in defamation or slander.
9. The freedom to own and issue newspapers and other forms of audio-visual media must be granted to political parties, trade unions and to all legally competent Egyptian nationals. State ownership of national institutions and press bodies must be reviewed in order that they do not remain monopolised by one owner and one political party.
10. Journalists must be reminded of the importance of avoiding writing about the private life of the individual forming the subject of their article. Rather, they should concentrate on writing about corruption wherever it is found and avoid people's private lives.
11. It should be made clear that protection of society's internal cohesion is a national objective and that journalists participate in its realisation, in order that values and society itself do not collapse from within.
12. Working on emphasizing positive aspects in addition to negative aspects in order that a balance between stories about corruption and positive news items is realised.
13. Thought should not be criminalised but criminal acts are punishable. Thought in itself cannot therefore be criminalised, but if a criminal act such as bribery, exploitation for profit or defamation accompanies the thought, the journalist must be prosecuted under the Penal Code, because in committing these acts he has transgressed the bounds of thought. Thought is therefore not punishable as long as it remains thought, but if this changes then the individual responsible for the thought must be treated like any citizen.
14. Egypt's reservations to international treaties connected with freedom of thought and opinion must be withdrawn. The existence of these reservations allows domestic laws to violate treaty obligations.
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