Legal Proceedings Against Journalists Ignite Discussions on Media Freedom in Morocco
The recent judicial proceedings against two Moroccan journalists have reignited a critical discussion surrounding the status of press freedom and the legal protections afforded to media professionals in the country. The ongoing calls from human rights organizations and unions advocate for the adherence to media law in handling cases related to journalism, rather than resorting to criminal law, which often entails severe penalties including imprisonment.
The journalists in question, Ibrahim Al-Shabi, the publisher of the news site "Le Poclage," and Hamadi Al-Ghari, the editor of "Scoop Press," are facing legal action based on allegations of "broadcasting and distributing false claims and facts using information systems, with the intent to damage personal privacy and defame individuals." The complaint was filed by a private school director, and the legal action intertwines articles from both criminal law and press law, complicating the matter further.
A court date has been set for July 7 for the aforementioned journalists to appear before the primary court in Rabat to commence proceedings. Reports indicate that the case revolves around a news article related to a complaint filed against a local education official, with the complainant asserting that the published allegations personally affect her. Conversely, the journalists argue that their work is a legitimate exercise of the public's right to information, as it pertains to a document currently under judicial review.
The unfolding case has triggered significant reactions within human rights and professional circles, with several organizations expressing solidarity with the affected journalists. They assert that this situation raises fundamental questions regarding the limits of freedom of expression, the balance between the right to litigate and the protection of press freedom, as well as the safeguards that should be guaranteed to journalists during their professional duties.
In this context, the National Union of Journalism, Media, and Communication, a body affiliated with the Moroccan Labor Union, has expressed its full support for Ibrahim Al-Shabi and Hamadi Al-Ghari. The union insists that such cases should be managed under media law rather than through criminal law provisions. They highlighted that reverting to criminal prosecutions for publishing issues could provoke legitimate concerns regarding the legal protections available to journalists and could adversely affect the advancements made in the journalism sector over recent years.
The union emphasized the necessity of ensuring fair trial conditions and respecting constitutional rights related to freedom of opinion and expression as well as press freedom. They called upon various professional, union, and human rights organizations to remain vigilant in preserving and enhancing the gains associated with press freedom, positing that safeguarding freedom of expression is a fundamental pillar of a state governed by law.
Similarly, the National Union of Media and Journalism, part of the Democratic Confederation of Labor, expressed its unwavering solidarity with the journalists, stating that the legal actions against them bring to light the ongoing debate regarding the reality of press freedom in Morocco and the constraints imposed on journalistic activities, particularly regarding investigative reporting and the exposure of public sector shortcomings.
The new legal proceedings have been described as a troubling indicator of increasing pressures on journalistic practices. The union has called for the cessation of the prosecutions and for the legal protection of journalists and media workers to be strengthened, aligning with Morocco's national laws and international commitments regarding freedom of expression and human rights. They urged all components of the Moroccan journalistic community and media outlets to continue defending press freedom and to combat any forms of oppression that might undermine the independence of the profession and its societal roles.
The Moroccan Forum for Democracy and Human Rights has also expressed its full support for the journalists facing charges, highlighting that the issue once again underscores the need for protections for press freedom and guarantees for the practice of journalism within the legal framework. They asserted that matters related to publishing should be addressed in accordance with the specific provisions outlined in the media law, ensuring a balance between the right to litigate, freedom of expression, and the citizens' right to access information. Furthermore, they noted legal and procedural challenges associated with direct complaints, emphasizing the necessity of upholding the presumption of innocence and the guarantees of a fair trial, while advocating for the constitutional principles governing press freedom and publishing.
The rights forum reiterated that protecting journalists during their professional duties is a crucial entry point for reinforcing the rule of law and called for refraining from invoking criminal law in matters related to press freedom and expression, thereby establishing legal security for journalists and media institutions.
In a related development, the National Center for Media and Human Rights has also shown solidarity with Ibrahim Al-Shabi and Hamadi Al-Ghari, linking the case to the broader context of the current state of press freedom in Morocco, while recalling findings from local and international human rights reports concerning the challenges faced by journalists and the increasing number of complaints and legal actions related to publishing.
The center stated that freedom of expression and press freedom are foundational pillars of any democratic society, urging various media and rights organizations to monitor this issue responsibly and objectively, reinforcing trust in justice and upholding principles of fairness and respect for rights and freedoms.
Furthermore, the Moroccan National Press Syndicate expressed deep concern regarding the rising number of complaints and legal actions targeting numerous journalists, both from public and private institutions, in a context that raises serious questions about the limits of legal recourse and the extent of compliance with constitutional and legal guarantees governing press freedom and expression.
In a statement obtained by "Al-Quds Al-Arabi," the syndicate noted, "While affirming that recourse to law is a right guaranteed to all, we note that many of these prosecutions have begun to surpass the norms of established professional mechanisms, such as the right to reply, clarification, and correction, turning in some cases into a means of pressuring journalists and attempting to undermine their independence in fulfilling their professional roles in conveying news and information related to public affairs."
The journalists' syndicate observed that the increasing resort to legal actions against journalists serves as a concerning indicator of the expanding climate of pressure on press freedom, especially when legal procedures become a professional, psychological, and financial burden that hinders journalists' ability to perform their duties under safe and sound conditions.
They reported receiving a complaint regarding journalist Mustafa Qashnani, the director of "Rise Press," following a decision by the public prosecutor to summon him and refer him to the primary court in the city of Oujda, asserting that the matter does not necessitate such measures. Sources indicated that Qashnani is being prosecuted based on a complaint regarding an article about security conditions in the city adjacent to the Algerian border.
Moreover, the syndicate is closely monitoring the case of journalists Ibrahim Al-Shabi and Hamadi Al-Ghari, currently presented before the primary court in Rabat, which they considered reflective of the ongoing trend of dragging journalists into court rather than activating professional mechanisms to address disputes related to journalistic practice.
The syndicate has declared its full solidarity with all journalists targeted by legal actions connected to their professional activities, asserting that defending them is fundamentally about defending press freedom and the community's right to independent and responsible journalism. They concluded by stating that practicing journalism embodies a constitutional right that guarantees citizens the right to be informed and access information, adhering to established professional standards, and that any potential disputes or issues related to exercising this right should be addressed through available legal and professional mechanisms, rather than transforming journalists into adversaries due to their professional duties.
As reported by alquds.co.uk.
