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Assessment of Media Legislation in Tunisia

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Assessment of Media Legislation in Tunisia ASSESSMENT OF MEDIA LEGISLATION IN TUNISIA BY AHMED GHAZALI This report has been produced with the assistance of the European Union. This project is The content is the sole responsibility of the MedMedia project and can in no way funded by the be taken to reflect the views of the European Union. European Union CONTENTS 4 11 16 1. EXECUTIVE SUMMARY 4. LEGISLATIVE 6. SAFEGUARDING A FREE CONDITIONS FOR PRESS AND FREEDOM 1.1. Emergence of private ACCESS TO THE MEDIA OF EXPRESSION media MARKET 6.1. Limitations on the Tunisia’s new constitutional, legislative 1.2. Press freedoms 4.1. Freedom of audio-visual freedom of audio-visual and institutional framework, set up in 1.3. Access to information enterprise and the communication guarantee of diversity 1.4. Internet freedoms 6.1.1. Legislative restrictions of private media in the the wake of the Jasmine Revolution, on exercising freedom 1.5. Fair access to finance new constitutional and of audio-visual for communication and legislative system remains embryonic, subject to communication information activities 4.2. The assignment of radio the inconsistencies and difficulties 6.1.2. Legislation intended 1.6. Legal limits to freedom frequencies in the new to protect minorities, of expression legislative and regulatory of a post-revolutionary children and women system 1.7. Questions raised in this 6.1.3. Legal limitations on transition period. report 4.3. Freedom of the press and publications exercising freedom of the press 4.3.1. Provisions relating to 6 pluralism 2. INTRODUCTION 4.3.2. The right to be informed 20 and have access to 7. SWOT ANALYSIS 8 information 3. THE POLITICAL AND 4.3.3. Freedom of the electronic LEGAL CONTEXT 22 press 8. RECOMMENDATIONS 3.1. Opening up to private and foreign television and radio channels 14 5. MEDIA FINANCING 3.2. Regulation of print media 5.1. Financing for audio- visual media 3.3. The emergence of the internet 5.1.1. State aid for the financing of audio-visual media 3.4. The liberalisation of the media landscape and its 5.1.2. Advertising regulations for legal framework the broadcast sector 5.2. Financing of the printed press 5.2.1. Material state support 5.2.2. Advertising 5.2.3. Rules guaranteeing THE AUTHOR the transparency of newspaper financing AHMED GHAZALI was president of Morocco’s regulatory body, La Haute autorité de la communication audiovisuelle, between 2003 and 2012. He was also president of Réseau des instances de régulation Méditerranéennes (RIRM) in 2008. October 2014 Report completed: Sophia Baraket Photography: Library pictures from iStockPhoto 3 1. EXECUTIVE SUMMARY legislation does not provide any specific • Existing legislation. Does it assist efforts • Freedom of expression. How far is this Since the Jasmine Revolution, a new constitutional and institutional protection regarding images of women to liberalise the press and the audio- protected by legal provisions? For nor any special rights to cultural and visual sector in terms of licensing media example, is there institutionalised framework has been put in place in Tunisia, laying the foundations linguistic minorities as represented by operators? Is it helpful in safeguarding censorship, whereby legislation restricts broadcast media. media ownership, transparency and the what can be published for political or for the liberalisation of the media. But this framework remains According to the new Tunisian Press professionalism of the media? Does it social reasons? Is there a guarantee Code, press freedom may be restricted protect freedom of expression? of fair access to the media during embryonic and the situation fragile, and there is an urgent need only by statute, and any restriction • Mechanisms for financing the media.These elections? Is there any regulation of should be: deserve careful attention and action the internet and new communication to address shortcomings in media governance. to ensure fair competition between technologies? • based on a legitimate concern to respect companies in the print and audio- the rights and dignity of others, preserve visual sectors. In particular, it is useful to Before considering these questions it is public order and/or protect national consider how state funding might work necessary to understand the purpose defence and security; in the context of fair competition and of the constitutional, legislative and • necessary and proportionate, in line with non-discrimination and also how best to regulatory systems we are analysing, and the values of a democratic society, and legislate for private (as well as state-funded the political, economic and social context without constituting a risk to the overall and political) advertising in the media. in which they are evolving. right of freedom of expression and After the Jasmine Revolution a series of 1.2. PRESS FREEDOMS 1.5. FAIR ACCESS TO FINANCE information. new institutions was created in Tunisia Liberalisation of the press is now FOR COMMUNICATION AND and legislation was liberalised (Decrees formally acknowledged by the new INFORMATION ACTIVITIES 1.7. QUESTIONS RAISED IN THIS No. 115 and No. 116, 2 November Tunisian legislative system. Decree Current legislation does not provide the REPORT 2011) to recognise the formation of a No. 2011-115 of 2 November 2011, necessary financial conditions for free and The SWOT analysis shows clearly private media sector. However, the legacy which replaces the previous 1975 Press independent media. Access to financing by discernible, if fragile, trends favourable to The SWOT analysis shows clearly of Tunisia’s authoritarian media system Code, stipulates freedom of the press. potential media owners and operators is the regulated liberalisation of the media is such that attempts to bring about It also allows for greater freedom of still very unequal. Another problem is that in Tunisia. It is important to build on this discernible, if fragile, trends favourable to freedom of expression are frequently enterprise – any private citizen or a the legislation of the former regime is still momentum by tackling the existing legal hindered by financial, political and security legal entity can set up a newspaper or in force while the newly introduced legal shortcomings in media governance in the regulated liberalisation of the media constraints. The new constitutional, periodical. There are also provisions provisions do not yet provide a complete order to make the legal and institutional legislative and institutional framework guaranteeing the pluralism of companies and consistent legal system for private systems compliant with the new Tunisian in Tunisia. It is important to build on this remains embryonic, subject to the and the transparency of the press. media financing. This is true for audio-visual Constitution. inconsistencies and difficulties of a post- and print media, whether state-funded or momentum... revolutionary transition period. 1.3. ACCESS TO INFORMATION funded by commercial advertising. In starting this process there are three Tunisia has undergone extremely positive main considerations to address: 1.1. EMERGENCE OF PRIVATE change in respect of the right to be 1.6. LEGAL LIMITS TO FREEDOM MEDIA informed and have access to information. OF EXPRESSION Decree No. 2011-116 of 2 November The new Constitution provides for this in The most notable developments are as 2011 allows the licensing of private Article 31. It also establishes the right of follows: media, thereby creating a private access to social networks and encourages audio-visual sector. The Haute Autorité the state to guarantee this right. Decree • Decline in institutionalised censorship. The Indépendante de la Communication No. 2011-41 of 26 May 2011, adopted new legislative and regulatory system Audiovisuelle (Independent just a few months after the revolution and has prompted a dramatic decline in Supreme Authority for Audio-visual which guaranteed access to administrative institutionalised censorship. Nevertheless, Communication) (HAICA) is the documents in Tunis, was supplemented freedom of audio-visual communication independent administrative authority set to reduce the number of exceptions must be within the limits set out by law, up to organise, guarantee and regulate and shorten the grace period for its particularly with respect to thedignity of this emerging sector. To create and implementation. the individual, private life and freedom of operate a private audio-visual enterprise beliefs, and protect children, public health, requires a licence and compliance with 1.4. INTERNET FREEDOMS national security and public order. certain terms and conditions. Radio Freedom of the electronic press and the • Guarantee of pluralist expression during frequencies are awarded by the Agence right to publish online, although exercised elections. Tunisian audio-visual laws Nationale des Fréquences in co- in full following the revolution, is not guarantee fair access to broadcast media for ordination with HAICA and in line with expressly provided for in current law and electoral candidates. However, they make Decree No. 2011-116. remains unprotected. no provision for fair access at other times. • Continuing shortcomings in the protection of women, children and minorities. Current 4 5 2. INTRODUCTION This report provides an outline of the legal framework covering the print, audio-visual and electronic media in Tunisia, looking at the impact on liberalisation, financing structures and the extent to which the framework encourages freedom of expression. This report describes the legal accompany changes
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