Assessment of Media Legislation in Morocco

Home , Al Ittihad Al Ichtiraki, Assabah, Latifa Akherbach, SNRT

ASSESSMENT OF MEDIA LEGISLATION IN MOROCCO

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 3. THE LEGISLATIVE 5. LEGAL FRAMEWORK CONDITIONS FOR FOR FREEDOM OF 1.1. Audio-visual freedom ACCESS TO THE COMMUNICATION of enterprise MEDIA MARKET AND THE PRESS

The new constitutional, legislative and 1.2. Freedom of the press 3.1. Freedom of audio-visual 5.1. Limitations on freedoms 5 enterprise and the in the audio-visual sector institutional systems acknowledge and 1.3. Freedom of enterprise guarantee of diversity 5.1.1. Legislative restrictions of electronic of private media in the encourage change in the Moroccan on exercising freedom communication new constitutional and legislative systems in audio-visual audio-visual landscape and are generally 1.4. Fair access to funding communication by the private sector 3.1.1. Access to the market favourable to increased freedom of 5.1.2. Legislation intended 1.5. Institutionalised 3.1.2. Media ownership to protect minorities, enterprise and freedom of expression censorship and limits on children and women freedom of expression 3.1.3. Equal access in the Moroccan media. 5.1.3. Legislation guaranteeing 1.6. Guarantee of 3.1.4. The assignment of pluralist political pluralist expression radio frequencies in expression in during elections the new legislative and electoral periods regulatory system 1.7. Shortcomings 18 concerning the 13 5.2. The legal limitations on protection of women, 3.2. Freedom of publication exercising freedom of children and minorities and enterprise of the the press printed press

3.2.1. Entering the print 6 media market 19 2. INTRODUCTION 6. SWOT ANALYSIS 3.2.2. The right to be informed 2.1. Methodology and have access to

2.1.1. Definition of the information 20 study framework 3.3. Freedom of the 7. Recommendations 2.1.2. The issues raised by electronic press the report

21 7 14 8. Legal sources 2.2. The political and 4. THE LEGAL RULES legal context 8.1. Printed press APPLICABLE TO 2.2.1. Authoritarian control MEDIA FINANCING 8.2. Audio-visual communication over the audio-visual 4.1. The financing of media audio-visual media 8.2.1. Electronic press

2.2.2. The printed press and 4.1.1 State funding of the democratisation audio-visual media

process THE AUTHOR 4.1.2. Advertising revenue for 9 the broadcasting sector

2.3. The printed press 15 2.4. The diversification of 4.2. Financing of the AHMED GHAZALI was president of Morocco’s audio-visual media printed press regulatory body, La Haute autorité de la 10 4.2.1. Material state support communication audiovisuelle, between 2003 and 2.5. Expansion of connectivity 2012. He was also president of Réseau des instances 4.2.2. Advertising revenue for and internet access de régulation Méditerranéennes (RIRM) in 2008. the printed press

October 2014 Report completed: Sophia Baraket Photography: Library pictures from iStockPhoto

3 1. EXECUTIVE SUMMARY

company, an association or a political the creation of a legal framework for regulator set out the principles, general This report looks at the status and context of legislation on party. Ownership of share capital is this form of advertising and the setting rules and precise conditions guaranteeing not subject to any limitation and the up of a self-regulating mechanism to fair access to public and private audio- the printed press, the private audio-visual media and electronic same enterprise may own several titles. guarantee transparency, efficacy, equity visual media during electoral campaigns However, to avoid the concentration and competitiveness between operators. and referenda. communication in Morocco, and makes recommendations about of media under Moroccan law, no one whose business is the publication of 1.5. INSTITUTIONALISED 1.7. SHORTCOMINGS the development of these sectors. newspapers or written periodicals CENSORSHIP AND LIMITS ON CONCERNING THE PROTECTION may hold a stake in the share capital FREEDOM OF EXPRESSION OF WOMEN, CHILDREN AND of more than one licensed audio-visual Since the lifting of the state monopoly MINORITIES communication operator. on audio-visual media, the Moroccan Moroccan audio-visual law contains legal system no longer enforces any no provisions specifically in respect of 1.3. FREEDOM OF ENTERPRISE OF institutional censorship on broadcasters. women and few aimed at protecting ELECTRONIC COMMUNICATION Special provisions set out by Law No. 77- young people. Children are not taken There are no legal provisions specific to 03 and the decree creating the HACA into account as either the target audience internet freedoms in Morocco. Pending nevertheless set out legal limitations to of or as actors in broadcasts and a law enshrining freedom of online freedom of expression for broadcasters. programmes. The few provisions that do communication, the key issue is whether relate to children focus on protection the current Press Code and Law No. 77- According to Article 3 of Law No. 77-03, against content that might be damaging 03 on audio-visual communication can be broadcasting’s freedoms of expression for child viewers. applied to online content. must be exercised “subject to respect for human dignity, the freedom and property Moroccan audio-visual law does not as 1.4. FAIR ACCESS TO FUNDING of others, the diversity and plural nature yet expressly encourage broadcasters BY THE PRIVATE SECTOR of expression in all its forms of thought to respect the linguistic diversity of Unlike the public audio-visual media, which and opinions, as well as the respect for Moroccan society in the media, although Unlike Tunisia, Libya or Egypt, for example, 1.1. AUDIO-VISUAL FREEDOM law requires that every audio-visual are highly subsidised by the state, private religious values, public order, morality and Law No. 77-03 has made some progress it was an evolution in the existing political OF ENTERPRISE enterprise be incorporated as a public audio-visual media receive no government the needs of national defence”. It is also in this direction by recognising the regime and not a revolution that brought Freedom of enterprise and free limited company. funding. The establishment of a fund to subject to respect for the requirements presence of the Amazigh language about the liberalisation of the Moroccan competition in all areas of human activity promote the audio-visual sector – to be of public service, technical constraints in the audio-visual media. This rather media. The lifting by legal decree of the are guaranteed by the new Moroccan Law N° 77-03 also sets out supplied from fees paid by operators for inherent to means of communication and half-hearted legal recognition has state broadcasting monopoly inherited Constitution, as specified in Article 35 of laws governing the awarding of radio frequencies – has been suggested the need to develop a national audio- since been superseded by a law in the from the French protectorate, the the Constitution of July 2011. frequencies and the guaranteeing but has yet to be implemented. visual production industry. new Constitution acknowledging the setting up of the Haute Autorité de la of fair and transparent processes plural, cultural and linguistic identity of Communication Audiovisuelle (Supreme Article 3 of Law No. 77-03 (2002) for private operators seeking to Commercial advertising brings in most 1.6. GUARANTEE OF PLURALIST Moroccan society and enshrining the Audio-visual Communication Authority) expressly states that: “audio-visual access the airwaves. The Agence de of the revenue to finance the activities of EXPRESSION DURING ELECTIONS Amazigh language as an official language, (HACA) and the adoption in 2005 communication is free”. This freedom Réglementation des Télécommunications private audio-visual operators. Although The new Moroccan Constitution on the same level as Arabic. of an audio-visual communication law is understood by the legislator to be, in (Telecommunications Regulatory Agency) there is no general legislation dedicated is innovative regarding the pluralist established the new legal and institutional political terms, the editorial freedom of (ANRT) manages frequencies at a to advertising, several texts govern audio- expression of ideas and thoughts in the The SWOT analysis shows that trends framework of this liberalisation. audio-visual operators and, in economic national level, and the HACA, in visual advertising in Morocco. broadcasting sector. It is unique in the are generally favourable to liberalisation terms, their freedom of enterprise. co-ordination with the ANRT, manages region in guaranteeing the parliamentary of the communications and information The printed press has also seen a the allocation of audio-visual frequencies Subsidies and financial aid from the state opposition a status which allows it sector in Morocco. However, the media progressive trend towards liberalisation The creation and operation of private to operators. for the printed press are important adequately to perform its tasks relating remain vulnerable because of ongoing as part of the slow and painful path audio-visual enterprises in Morocco, by for the survival and diversity of mass to parliamentary work and political disputes between traditionalists and towards the democratisation of virtue of this newly acquired freedom, are 1.2. FREEDOM OF THE PRESS media in Morocco. As in Tunisia, ink and life. Notable among the rights thus reformers and because of the challenge Moroccan society and the increased also subject to precise legal provisions, The Moroccan Press Code enshrines newsprint is subsidised by the state. guaranteed is: “airtime on official media the media present to political players freedoms this demands. The reforms the aims of which are to guarantee the freedom of the press and the right to The Communication Ministry grants in proportion to their representation” in a changing public governance system. made to the 1958 Press Code are diversity of the media. information: “The freedom of publication financial aid to daily newspapers and (Article 10). Accordingly, it is important rapidly to among the most significant elements of printed press, publishing and library periodicals irrespective of whether consolidate the current opportunities of this change. The new constitutional, Title 2 Law No. 77-03 is dedicated press is guaranteed pursuant to the they are independent or owned by The Constitution upholds the principle by making legal and institutional systems legislative and institutional systems to the legal system governing private provisions of this law.” political parties. of fair access to the public media and compliant with the new Constitution acknowledge and encourage change in audio-visual communication. Applications full exercise of fundamental rights and and adopting legislation to tackle legal the Moroccan audio-visual landscape to establish and/or operate networks According to the Press Code, a Moroccan law has no special provisions freedoms linked to electoral campaigns. shortcomings in media governance in and are generally favourable to increased for the distribution of audio-visual newspaper may belong to a private on advertising in the printed press, but at The establishment of the HACA, order to make freedom of expression freedom of enterprise and freedom of communication services are subject individual or a legal entity, and the group the time of writing a professional debate Law No. 70-03 and the decisions and and the regulated liberalisation of the expression in the Moroccan media. to a licensing requirement and the behind a press enterprise may be a on the subject is under way, focusing on recommendations of the audio-visual Moroccan media a secure reality.

4 5 2. INTRODUCTION

Another key question relates to the level 2.2.1.1. A liberal foundation and of the 1990s, after which, ideologically The liberalisation of the Moroccan media was born out of an of freedom of expression in the fields of authoritarian management of the and politically, the practical scope and communication and information and the audio-visual media also the real problems of the potential evolution of the existing political regime. The extent to which extent to which they are protected in In a break from its colonial past, the liberalisation of the audio-visual sector the constitutional and legislative contexts. young Moroccan state embraced a became clear. this legislation enables freedom of expression across all media is Accordingly, it involves analysing legal liberal agenda with the promulgation provisions relating to: in 1958 of a Code of Public Freedoms. 2.2.1.2. The rupture with the examined over the following pages. This confirmed Morocco’s entry into the authoritarian model in managing the • institutionalised censorship: legislative community of nations just two years after audio-visual sector restrictions on what may and may not its admission into the UN. In 1962 the Economic liberalisation based on political be published for political (legislation on first Moroccan Constitution expressly interventionism created an anachronistic political expression) or social (social restated its commitment to international situation throughout the 1990s, which crises) reasons; legality and signed up, in its Preamble, to eventually became unsustainable. The • the guarantee of pluralist political the principles deriving from the charters existence of a part-liberalised media expression during elections; of international bodies. sector inevitably meant that the state • the protection of minorities, children and would have to give up its monopoly. women: current legislation concerning In adhering to the general philosophy the printed press and audio-visual and of the Universal Declaration of Human This was achieved when, on 30 electronic communication; Rights, having a constitution guaranteeing September 2002, Decree No. 2-02-663 • checks on the internet and new freedom of expression and political finally lifted the monopoly, repealing the communication technologies. pluralism and a Code of Public Freedoms provisions of the Dahir of 25 November unusual in the Arabic and African context 1924 on the state broadcasting 2.1. METHODOLOGY This project is focused on the status 2.1.2. The issues raised by the report Before considering these, an overview of the time (including one of the most monopoly, which had been maintained by of legislation on the printed press, the Key questions to be addressed include of the historic evolution and current innovative Press Codes), independent Article 11 of Law No. 24-96 of 7 August 2.1.1. Definition of the study private audio-visual media and electronic the extent to which legislation enables composition of the private information Morocco showed an early preference for 1997 on post and telecommunications. framework communication in Morocco. Its aims liberalisation and freedom of expression and communication sectors in Morocco liberal media laws. This legislation entrusted the granting of are to: This report seeks to: across all media in Morocco. This can be is useful to understand the purpose authorisations to create private radio and measured in the following terms: of the constitutional, legislative and It was not to last, however. Throughout television outlets to the Haute Autorité • assess and evaluate the legislation in force • provide context for the current regulatory systems we are analysing and the 1960s and 1970s television and de la Communication Audiovisuelle in these different fields; constitutional, legislative and regulatory • access to the market: the constitutional the contexts in which they evolved. radio were put under the control of (HACA), set up one month before by • contribute to the drafting of a route map systems as they apply to the print, and legislative guarantees given to the Information Ministry , which was Dahir No. 1-02-212 (31 August 2002). to accompany changes occurring in the broadcast and the electronic media private media and legislation in matters 2.2. THE POLITICAL AND then absorbed by the Home Office. The authorities were clearly aware that region and stimulate discussions around in Morocco; of spectrum and the awarding of LEGAL CONTEXT The audio-visual media apparatus was the new state policy could be meaningful decision-making processes with key • identify and analyse, in context, the operating licences; We can trace a history of communication effectively bound by a state monopoly, only if it included an independent stakeholder groups. legislative and regulatory reforms under • media ownership: the limits on public and information in independent Morocco the legal foundations of which went back regulatory authority. development in these fields; monopoly, cross-ownership of media and from the State of Emergency declared to the Dahir of 25 November 1924. We first describe the models used • assess the legal framework in force, the transparency and neutrality of media; in 1965. With early governments slow to 2.2.1.3. The setting up of the regulator for the main laws analysed and give a based on a comparative analysis with the • legislation on freedom of expression and take stock of the new political dynamic, It was only in the 1980s, following much and the new legal framework snapshot of specific initiatives that have lessons learnt by the EU and the legal the press. management of the media took on an internal debate and strong international The first major step towards reform failed or succeeded in comparable situation of countries in the region in authoritarian aspect, which would last for criticism, that politicians start to break was therefore the setting up of the environments. The report includes a the matter; The conditions for the financing of private several decades. down the monopoly, allowing the HACA, an administrative authority SWOT analysis to define development • perform a SWOT analysis of Morocco’s enterprises in audio-visual and print creation of the first “private” radio station, independent of government, which imperatives and make recommendations current legal framework in these fields; media will be examined to determine the 2.2.1. Authoritarian control over the Radio Méditerranée Internationale (Médi regulates and controls the audio-visual to ensure that the development of • make recommendations for strengthening levels of fair competition between media audio-visual media 1), under relatively opaque conditions. sector, particularly by participating in the the media sector is carried out in the the legal framework of the Moroccan operators. Financing might include: As in many countries that have liberalised Just under a decade later the creation regulation of activity, ensuring control is service of social development and the media in the service of development, their communication and information of 2M International signalled – at last – applied according to law and penalising democratisation of the country. democratisation and the social and • state funding: measures relating to sector, such as Tunisia and Jordan in the a political will to start the progressive violations as required. cultural progress of the country. the state’s ability to provide aid within southern Mediterranean and Spain, liberalisation of the media. The end goal of this report is to the context of fair competition and Greece and Portugal in Southern However, after the setting up of the generate exchanges of opinion at round The research draws on the available non-discrimination; Europe, laws governing the media in The ideal conditions for liberalisation regulator and the lifting of the monopoly tables, workshops and conferences documentation as well as interviews • advertising: legislative rules applicable Morocco developed through periods of were not in place until the arrival there remained nothing in the way of that will be organised during the next with key players in the information and to advertising in the media, as well as authoritarian management and ongoing of the “alternance” (government of legislation until Law No. 77-03, which project phases. communication sectors. governmental and political advertising. efforts at liberalisation. Abderrahmane el Youssfi) at the end was, as its Preamble states, “an important

6 7 milestone in the process aimed at the significant elements of the change. Old has been dealt with by the establishment affecting copyright and audio-visual 2.4. THE DIVERSIFICATION OF AUDIO-VISUAL MEDIA setting up of the legal framework of the models of censorship have ceded and the of legislative and regulatory systems matters, the reform of the press showed liberalisation of this sector... ”. Law 77-03 newspapers enjoy increased autonomy. able to organise the profession, legally most clearly a desire to move forward PUBLIC AUDIO-VISUAL SECTOR represents a break with the traditional What follows is a summary of the key and in terms of ethics, with the aim with liberalisation. Law No. 77-00 was the Société Nationale de radio ALAOULA, trilingual general national channel 1 approach in that it established a clear changes in the freedom of expression of addressing its shortcomings while controversial response to the growing legal framework and defined the general legislation for journalists in Morocco. safeguarding its democratic principles. clamour for change from the professions, et de télévision (SNRT): National general channel in the Amazigh language 1 principles and mechanisms essential civil society, the political class and the TELEVISION LAAYOUNE regional channel 1 2.2.2.1. Landmarks in print to the restructuring of the audio- 2.2.2.2. The regulatory dimension international community. Whereas the National digital terrestrial sports channel 1 media freedom of liberalisation visual communication sector. It offered young independent Moroccan press, National digital terrestrial cultural channel 1 new private operators the chance to Since Morocco’s independence, the The Dahir of 15 November 1958 relatively critical of government since National digital terrestrial religious channel 1 create and operate enterprises in an management of information has been established the Press Code, the the end of the 1990s, emphasised environment now governed by a specialist difficult for successive governments. The cornerstone of Moroccan media the inadequate nature of the reform, National digital terrestrial cinema channel 1 and independent institution under which combining of the Information Ministry legislation. Adopted at the same time the centre-left government sought to SOREAD 2M 2M 1 fairness and transparency – previously and Home Office in the 1980s, when as legislation on freedom of association highlight the complexity of the changes Total public TV 8 opposition forces were hopeful of the and public gatherings, against a backdrop completely absent – were guaranteed. it had managed to implement, focusing SNRT: NATIONAL RADIO National Arabic channel 1 role the printed press could play in of the structural transformation of on improvements made to the legal National Amazigh channel 1 The 2011 elections saw a new democratising the state, illustrates the Moroccan institutions, the Press Code framework for exercising press freedom. government come to power headed difficulties with and limits to “freedom of was one of the most liberal compared The constitutional elements of Morocco’s International multilingual channel 1 by the Partie de la Justice et du information” during the period. with other Arab and African countries. media laws are detailed in Appendix 1 at General national bilingual channel 1 Développement (PJD), a moderate the end of this report. SOREAD 2M Radio 2M 1 At the turn of the century, before its However, although these texts signalled Islamic party. The new government SNRT: REGIONAL RADIO Regional stations 9 sought to amend Law No. 77-03 and liberalisation, the audio-visual sector a more democratic regime, there was a 2.3. THE PRINTED PRESS SNRT: THEMATIC RADIO National religious radio 1 with it the legal status of the HACA. was under government control whereas violent setback in which press freedom In 2012, 321 national newspapers and The Constitution in fact states that the the print media could be more critical, suffered under increasing dissent between periodicals were published, including 225 Regional musical radio 1 HACA, itself on a constitutional footing, representing opposition movements and the national movement and the monarchy. Arab language, 74 French language, 18 Total public radio 16 must be subject to a new law, and no acting for civil society. As a result, the print For over 30 years the printed press bore multilingual and five Berber. In 2006 there longer the Royal Dahir that currently media have developed a broad range of the brunt of this. After 1960 the Press had been 398, many more than in Egypt, controls it. Many observers fear that (frequently partisan) political positions. Code became more restrictive and this for example. PRIVATE AUDIO-VISUAL SECTOR these plans will constitute an opportunity continued, with new modifications to for this conservative party to reduce the Paradoxically, the “opinion press” the Press Code by the Dahir introducing Initially, the printed press was largely Information television MEDI 1 TV 1 hard-won freedoms that liberalisation has constitutes both one of the strengths and the law of 13 November 1963 and partisan.1 In the 21st century it Local radio Radio Plus Marrakech, - Radio Plus Agadir, brought to the Moroccan audio-visual one of the great weaknesses of Moroccan later of 12 April 1973. The Moroccan would undergo a radical change Radio Plus Casablanca 3 journalism. Its success, particularly in its media throughout the 1970s and 1980s sector over the last ten years. due to the liberalisation of the sector Regional radio MFM Saïss, MFM Souss, MFM Atlas; MFM Casa; undeniable contribution to the defence was subject to numerous prohibitions, and the concomitant effects of MFM Sahara; MFM Oriental; Chada FM; 7 The Islamic ideology of the PJD and of public freedoms in general and its censorship and even arrests. globalisation and the increasing ease its conservative tendencies concern own freedom in particular, is countered of accessing information.2 Multi-regional musical radio Hit Radio 1 the modernist and liberal fringe of civil by its limited appeal to new audiences. In the mid-1990s, as the liberal Multi- regional local radio Cap Radio 1 society and the Moroccan political This raises questions about the future democratic model expanded worldwide, The readership of the printed press is Thematic multi-regional radio Radio Atlantic (Economy and finance), 6 model for journalism in Morocco, and in Morocco experienced an initial period world. Public debates have always been less than 1% of the population, according Radio Aswat (Economy) controversial when they touch on the particular about increased professionalism of relaxation and reconciliation between 3 to KPMG and the average sales are Luxe Radio (Crafts), Radio Med composition and role of the HACA, versus more partisan models of working. the monarchy, opposition parties and 13 copies per thousand citizens, according audio-visual public service missions It is not enough to focus solely on the the press. This change began with the to Latifa Akherbach (eMarrakech 2006). (Associative life and mediation) (SNRT and 2M) and the editorial constricting role that “security” has played promulgation of the new status of Radio Mars (Sport), Medina FM ( independence of private radio stations. in limiting freedom of information; it is journalists on 22 February 1995 and the For several years the printed press has Rural affairs) important also to look objectively at a This seems unlikely to change soon. attendant separation of the Home Office experienced a clear decline in numbers Radios with an Radio méditerranée internationale, radio Sawa 2 press which, in part, prides itself on its and the Information Ministry and ended and quality. The decline in sales and international focus 2.2.2. The printed press and the sometimes inflammatory opinions rather with the allocation of the Communication advertising inserts coupled with increasing Total private radio democratisation process than on the quality of its factual reporting. Office, first to the party of Istiqlal and political and economic pressures, proved 21 The print media sector has also then to the Union Socialistes des Forces too disruptive for some titles (Assahifa, TOTAL OF PUBLIC AND PRIVATE RADIO AND TELEVISION 46 experienced a progressive trend towards The obverse of this is the role the media Populaires, under what was referred to Demain, Nichcane, le Journal). liberalisation, reflecting the slow general plays in providing citizens with access to after 1998 as “consensual alternance”. progress towards democratisation in information. In this context, the dilemma Moroccan society. The reforms made between the ideal of “press freedom” This gave rise to a raft of new media 1 In 1959 the Union Nationale des Forces Populaires (UNFP, the future Union Socialiste des Forces Populaires, USFP), the result of a division within Istiqlal, created Attahrir, to the Press Code are among the most and the desire to clean up press activity legislation. Alongside important reforms which would fight relentlessly againstAl-Alam , the newspaper of the Independence Party. This period marked the golden age of the partisan press. Also published were l’Opinion (the French-language organ of Al-Alam), Al-Bayane for the Parti du Progrès et du Socialisme (PPS), Al-Ittihad, Al-Ichtiraki. Libération for the USFP and Al-Haraka for the Parti Populaire. With the creation of new right or centre-right parties, such as the Rassemblement National des Indépendants (RNI), Le Parti National Démocrate (PND) and the Union Constitutionnel (UC), other newspapers were created, including: Attajammoue Al-Watani, Al-Ittihad Addoustouri. 2 Several so-called independent daily and weekly newspapers were created – a phenomenon already under way in the 1990s – in 1994. La vie économique, Maroc Hebdo, L’économiste group (L’économiste and Assabah), and the Femmes du Maroc group (several magazines in Arabic and French) changed the game, where the partisan press had previously reigned. In their wake came titles such as Assahifa, Al-ayyam, Demain, Le Journal, Tel Quel, Nichane, Al-Massae, Akhbar Al-yawm, Le reporteur, Zamane and many other Arab and French-language daily and weekly publications. 3 L’économiste, 19 December 2011. 8 9 3. THE LEGISLATIVE CONDITIONS FOR ACCESS TO THE MEDIA MARKET

The freedom of expression enshrined in Morocco’s Constitution and media legislation seems to offer an example of best practice to other Arab countries undergoing democratic and constitutional reform. These ideals still remain to be turned into reality, however.

2.5. EXPANSION OF Today freedom of expression is explicitly The creation and operation of privately undertake to hold at least 10% of the CONNECTIVITY AND enshrined in Morocco, in both the new owned audio-visual enterprises in company’s share capital and voting INTERNET ACCESS Constitution and media legislation. Morocco is also subject to precise rights. They may not be a shareholder At the time of writing, the electronic press legal provisions, the aim of which is to in another company with the same comprises over 407 information sites. 3.1. FREEDOM OF AUDIO- guarantee the diversity of the media. corporate purpose” (Article 18). They are registered with the domain name Paradoxically, the ‘opinion press’ constitutes VISUAL ENTERPRISE AND THE “.ma” and represent 0.8% of the websites GUARANTEE OF DIVERSITY Title 2 of Law No. 77-03 covers privately In order to guarantee the stability of the registered under this domain name. both one of the strengths and one of the OF PRIVATE MEDIA IN THE owned audio-visual media. It establishes company and the diversity of private NEW CONSTITUTIONAL AND a licensing requirement for the setting audio-visual media, the legislation limits There are around 16.5 million internet great weaknesses of Moroccan journalism. LEGISLATIVE SYSTEMS up and/or operation of networks for licence holders to a maximum of 51% users in Morocco. That equals a Freedom of enterprise and free audio-visual media services by whatever of shares and/or voting rights in the penetration rate of 51%. Accordingly, Its success, particularly in its undeniable competition are guaranteed by the means (terrestrial, satellite, cable, and company (or in the case of several Morocco leads neighbouring regions new Moroccan Constitution in all areas so on) they broadcast. The government shareholders, they must be linked by a (the Arab world, Africa) in terms of contribution to the defence of public of human activity (Article 35 of the consulted the HACA on the draft shareholders’ agreement to the same connectivity and the development and Constitution of July 2011).4 legislation, which led to the inclusion of effect). It also limits to 30% of the share use of equipment, as well as skills and freedoms in general and its own freedom jurisdiction over access to ADSL and capital or voting rights the participation transaction development infrastructures 3.1.1. Access to the market broadband audio-visual services. of existing licence holders where they (technopoles) and also in terms of the in particular, is countered by its limited In audio-visual matters, although the hold another licence for the same legislative and regulatory framework of state monopoly was de facto breached 3.1.2. Media ownership type of company. Such participation this new economy. appeal to new audiences. This raises in the first half of the 1980s (see 2.2.1.1. Law No. 77-03 sets out the rules around is allowed only where it does not above), not until 2002 was it properly licensing a private audio-visual media infringe the principle of plurality of There are around 40.9 million Facebook questions about the future model for broken down with the new audio-visual enterprise. The first requirement is operators and does not bring about a users in Morocco. At the end of journalism in Morocco. communication legislation. This freedom that applicants set up a public limited dominant position. September 2012 there were 3,876,627 is understood by the legislator, in political company under Moroccan law. This internet subscribers – representing an terms, as the editorial freedom5 of audio- company must include among its Finally, to avoid the concentration of annual growth rate of 34.51% and a visual operators, and in economic terms, shareholders “at least one qualified audio-visual operators and the printed penetration rate of 11.92% Of the overall as the freedom of audio-visual enterprise. operator, a private individual or legal press, Moroccan law states that “an internet pool, 3G connection represents Article 3 of Law No. 77-03, promulgated entity having proven professional audio-visual communication operator 83.27%, followed by ADSL with 16.68%. in 2002, expressly states that “audio-visual experience in the field of audio-visual holding a licence may only hold a stake in communication is free”. communication, who must hold or the share capital and/or voting rights of a

4 “The state guarantees freedom of enterprise and free competition. It seeks human and sustainable development to allow consolidation of social justice and preserve national natural resources and the rights of future generations. The state ensures the guarantee of opportunity for all, and special protection for disadvantaged social groups.” 5 Article 4: “ Subject to the preservation of the pluralist nature of expression, audio-visual communication companies freely design their programmes. They assume full responsibility for them.”

10 11 single company that owns newspapers or non-discriminatory conditions, respecting • allocate audio-visual frequencies to Press freedom, perceived in terms of A draft law on the matter is in written periodicals governed by the Press the environment and aesthetic quality of The different European constitutions licensed operators; its acceptance of political freedom, preparation. This has led to debate and Publishing Code”. sites, and under conditions that are the enshrine this “individualist” concept, • modify frequencies or blocs of is written into the new Moroccan between the public authorities and least damaging for private properties and leaving the law to integrate the concept frequencies allocated to broadcast Constitution as an absolute freedom certain opposition parties and members 3.1.3. EQUAL ACCESS the public domain. collectively. Directive 2007/65/EC: operators when these technical that may not be subject to any form of civil society who are concerned that Noting the importance of private Audio-visual Media Services (AMS) constraints require it and, in particular, of prior censorship. All have the right, the right to access information held by initiatives in the development of the The right of citizens to receive is an illustration of this. Having been standardise the frequencies used by according to this fundamental law, the authorities and other public bodies audio-visual sector, Law No. 77-03 sets programming is also covered. Article 62 adopted on 11 December by the the audio-visual sector in line to freely express and disseminate may be significantly weakened by some standard criteria for different potential proclaims that, subject to payment of tax European Parliament, it seeks to review with the rules of the International information, ideas and opinions subject proposed limitations to the new law. investors, including guaranteeing the same for the promotion of the national audio- the Television Without Frontiers Directive Telecommunications Union (ITU) to the sole limits expressly set out by rights to the public in terms of reception visual landscape, any private individual or (TVWF) of 1989 to take into account (modification or withdrawal must be the law. It entrusts the public authorities 3.3. FREEDOM OF THE or to producers in terms of content. Thus, legal entity may benefit from the freedom the current phenomenon of technological carried out by reasoned decision); with encouraging the organisation of the ELECTRONIC PRESS according to Article 11, the HACA “may to receive audio-visual programmes convergence and the new audio-visual • remove from the operators in question press in an independent manner and There are no provisions specific to the restrict or prohibit any type of contract and access services offered by the landscape. It exemplifies “strengthened those frequencies that are not needed on democratic foundations, and with freedom of electronic communication or commercial practices if they hinder, in broadcasting networks. liberalism”, setting up more flexible rules for the purposes set out in their terms determining the legal and ethical rules in Moroccan primary law. It is not particular, free competition and access and expanding the object and scope of and conditions; concerning it. mentioned in the Constitution and no of citizens to events of national or public In matters of public service, the law the TVWF directive (the AMS Directive • award as a priority to national public other legislation deals with this question. interest”. The same law states that “Audio- makes equal access of citizens to establishes minimum rules common to EU audio-visual companies the use of the 3.2.1.1. The ownership of Pending a law enshrining this freedom visual communication operators must programmes an essential obligation. member states). additional frequencies as needed to a newspaper of communication online, the issue is provide the largest number of regions Article 48 requires national public accomplish their public service missions. According to the Press Code, a whether the current Press Code and Law of the country with a sufficient package companies to respect the terms and Any modifications to the allocation newspaper may belong to a private No. 77-03 on audio-visual communication of radio and television programmes” conditions establishing their special 3.1.4. The assignment of radio of frequencies must be performed individual or a legal entity. The collective also extend to cover the electronic press. (Article 8). obligations, particularly relating frequencies in the new legislative and without interruption to services enterprise may be a company, association In effect, if one were to hold that the to general and diversified factual regulatory system and without affecting the reception or political party. Ownership of share general terms used in Article 1 of the Articles 23 to 25 of Law No. 77-03 programming aimed at the broadest Law No. 77-03 sets out rules governing quality of broadcasts. capital is not subject to any limitation. Press Code and/or Article 3 of Law No. specify that the HACA may, if asked possible audience, to include a regional the awarding of frequencies and The same enterprise may own 77-03 did in fact cover the internet, then by the relevant government authority, focus in their local programming guaranteeing fair and transparent access 3.2. FREEDOM OF PUBLICATION several titles. However, to avoid the a broad interpretation of these texts encourage potential licensees to make an and to encourage the broadcast of by private operators to this asset, which AND ENTERPRISE OF THE concentration of the media, under would offer some protection. However, expression of interest – the content and local information. falls under the public domain of the PRINTED PRESS Moroccan law anyone whose business this is as yet unproven and it would conditions such calls are published in the state. This has ended the opaque and The Moroccan Press Code enshrines is the publication of newspapers or be more satisfactory in the current Official Gazette . Benchmark: EU highly security-focused management of freedom of the press and the right written periodicals may not then also circumstances to enshrine freedom of frequencies by entrusting to the HACA to information under these terms: hold a stake in the share capital of electronic communication in a new text, The licence is granted by the Conseil In matters of freedom of expression their investigation, allocation and control “The freedom of publication of printed more than one licensed audio-visual particularly since not all the provisions Supérieur to any legal entity that makes and communication, Morocco remains a (Articles 5 and 6) in co-ordination press, publishing and library press is communication operator. of either piece of legislation is fully an application and meets the legal regional leader, particularly in legal and with the (ANRT) under the National guaranteed pursuant to the provisions applicable to the internet. requirements. However, where there are institutional terms. Evidence of this can be Frequencies Plan. of this law.” 3.2.2. The right to be informed and several expressions of interest pertaining seen in the advanced negotiations taking have access to information to the same offer of services or coverage place with a view to Morocco becoming The ANRT establishes the general 3.2.1. Entering the print The new Moroccan Constitution of the same region, the HACA must issue a signatory to various instruments of conditions for the allocation and media market enshrines the right to information. Article an invitation to tender. For each invitation the Council of Europe, including the operation of radio frequencies by the Under the Press Code, no prior 27 of the fundamental law states that: to tender it sets out the regulations, European Transfrontier Agreement (CETT). audio-visual operator to which they have authorisation is needed to establish the objective and the conditions for Nevertheless, the legal overall architecture been awarded, and gives the HACA a newspaper. The procedure is simply Citizens have the right to access participation, the required contents of bids still lacks integration, particular in terms the power to plan the allocation of to submit a declaration containing information held by the public and of course the criteria on which they of the impact of convergence on the very frequencies for audio-visual purposes information about the plan to the authorities, elected institutions and public are assessed. concept of “social communication” and and fix the conditions relating to the court with jurisdiction over the head service bodies. The right to information its overlap with individual communication, technical parameters of radio stations office of the company publishing may be limited only by law with the To a similar end, Article 61 requires which the internet is continually shifting. in order to: the newspaper. The declaration is aim of ensuring the protection of all public bodies to respond to requests The European models themselves, acknowledged by the issuing of a information concerning national defence, from operators authorised to install which traditionally inspire Morocco, • ensure the international, bilateral or provisional receipt to the press company. internal and external security of the state and operate audio-visual transmission follow a system of enshrining freedom multilateral coordination of radio A definitive receipt must be issued and the private life of the population, equipment, as long as these requests of expression as an individual and not frequencies intended for audio-visual use to the company within 30 days. In the preventing attacks on the rights and are reasonable and meet specific legal collective freedom, on the basis of the with the aim of guaranteeing that national absence of a full receipt, the newspaper freedoms set out in this constitution requirements. Access by operators must Human Rights Declaration. stations do not suffer from or create any may still be published under Article 5 and protecting the sources and domains be by agreement, under transparent and prejudicial disruption; of the current Press Code. expressly determined by law.

12 13 4. THE LEGAL RULES APPLICABLE TO MEDIA FINANCING

The terms and conditions of each meetings in 2012, and added eight new The flow of financial resources is vital to the development of the audio-visual operator set out the precise Article 14 of the law of 30 September independent beneficiaries, including conditions for the insertion of advertising 1986, amended, entrusts the Conseil an opposition newspaper. In order media sector. Fair access to financing, and transparency regarding spots in its programmes. These rules seek, Supérieur de l’Audiovisuel (CSA) with to guarantee the transparency of aid funding, are also important for the advancement of a healthy in general, to protect listeners and viewers controlling the object, content and supplied by the state, the Communication from misleading or clandestine advertising methods for advertising broadcasts Ministry regularly publishes lists of the information and communications landscape. and to ensure fair competition. distributed on the airwaves. There are beneficiaries.7 numerous grounds for intervention by Messages meeting the criteria of non- the CSA based on the failure to respect To manage state financial aid, professional commercial advertising, as defined regulations, such as the distribution of newspaper publishers are bound to by Article 2.5 of Law 77-07, may be messages for sectors banned, for ethical the government by a printed press broadcast outside advertising sequences or economic reasons, from advertising on contract covering the 2014–2016 and their duration is not counted in the the radio or television, the programming of period. The objectives for state aid are: hourly advertising volume. messages that are ethically dubious or the to support investment that helps press use of clandestine advertising. companies to modernise, to protect The wording of the definitions of pluralism, to improve the professional commercial and non-commercial However, since 1993, the contents of and social conditions of journalists and to advertising is extremely complex and is advertisements has not been subject to the strengthen ongoing training. This support based on the French decree of March 27th prior control of the CSA: it is the Bureau is intended to bring about an overall 1992. In striving for a general approach, de Vérification de la Publicité (BVP), an improvement of quality and content in The mobilisation of financial resources for use of the radio frequencies assigned the wording has had to include long lists of inter-sector body including advertising the press, by updating both technology is a significant challenge for the to them, has been raised by the public (COSIP), managed by the Centre hypotheses setting out the elements that houses, advertisers, agencies and the and the skills and expertise of staff. development of the information and authorities but has yet to be implemented. National de la Cinématographie (CNC), constitute advertising in specific examples. media, which provides professionals with is an account aimed at encouraging the communication sector. Fair access to advice at the time of preparing their advert, 4.2.2. Advertising revenue for the production of audio-visual works intended financing and transparency regarding Benchmark: France and gives its opinion before broadcasting printed press funding are vital for the development of for broadcast on French television Benchmark: France on the compliance of the advert with Moroccan law has no special provisions a healthy media landscape. The French system provides aid and channels. Subsidies are paid to producers. The regulation of advertising and existing regulations. relating to advertising in the printed subsidies for the private audio-visual sector. This aid underwent technical adjustments sponsorship press. A professional debate is, however, In political terms, equality of opportunity in September 2004: Decrees 2004- under way concerning the organisation to access these resources is a necessary The audio-visual sector, a cultural sector, 1009 and 2004-1010 refocus COSIP’s Advertising is an essential source of 4.2. FINANCING OF THE of this sector. It bears on the creation condition for the viability and diversity benefits from public aid and subsidies objectives on supporting heritage works audio-visual financing, whether public or PRINTED PRESS of a legal framework specific to press of the media. This diversity and viability intended to encourage pluralism and and seeking to improve the financing of private. The advertising business, which advertising and the setting up of a largely determines the quality of the audio-visual creation. The Fonds de Soutien youth programming. covers advertising, sponsorship and 4.2.1. Material state support self-regulation mechanism, which media sector and is vital to protect the à l’Expression Radiophonique (FSER), shopping broadcasts, is nevertheless Material subsidies and financial aid from guarantees transparency, efficacy, pluralist expression of ideas and thinking created by decree on 1 December 1984, restricted within the framework of a code the state are important elements in equity and competitiveness between in the service of the public. is a national fund supplied by a tax on 4.1.2. Advertising revenue for the of ethics aimed at respecting the viewer the survival and diversity of the print operators. All of these new rules are advertising income from television and broadcasting sector but also maintaining a balance between media in Morocco. As in Tunisia, ink and intended to be included in the draft of Moroccan primary law, although it has radio. It also manages the public aid Commercial advertising brings in most of the different economic sectors financed newsprint are subsidised by the state. the new version of the Press Code in made notable progress over recent years, awarded to terrestrial radio and can the resources that go towards financing by advertising. The Communication Ministry grants preparation at the time of writing. A legal is still under development in terms of fund local audio-visual communications the activities of private audio-visual financial aid to daily newspapers and framework for the distribution of legal state funding and commercial advertising. companies as social enterprises where operators. Although there is no general Television stations and radio channels periodicals. Regulations have started announcements between the different there is a need for them and where the legislation on advertising, several texts are bound by respect for general rules to eliminate discrimination between dailies must also be prepared to avoid 4.1. THE FINANCING OF AUDIO- commercial resources of the audio-visual govern this activity in the Moroccan resulting from the law and its decrees partisan and independent newspapers so the lack of transparency and political VISUAL MEDIA enterprise in question are below 20% of audio-visual sector that frame advertising, sponsorship and total turnover. that independent papers as well those interference that currently affects this shopping broadcasts. In terms of television, belonging to political parties now benefit issue. The creation of the Organisme de 4.1.1. State funding of audio-visual Law No. 77-03 provides a standard whatever the method used to distribute from financial aid. Justification de la Diffusion (OJD) and its media The FSER proposes four types of subsidies: definition of advertising for audio-visual services, it is Decree No. 92-280 of 27 restructuring in 2012 represented a step Unlike public audio-visual media, which set-up subsidies; operating subsidies; media (Article 2.1) and authorises the March 1992, amended, for the application The state subsidies are granted towards this. are highly subsidised by the state, private increased operating subsidies; and use of sponsorship (Article 69), subject of Articles 27 and 33 of the law, which by a mixed commission, on which audio-visual media receive no funding from equipment subsidies. to specific terms and conditions. Article establishes these general principles. For representatives of the Federation of the government. The establishment of a 2.5 of Law No. 77-07 makes a clear At the same time, the Compte de Soutien private radio it is Decree No. 87-239 of 6 Publishers sit, and which takes decisions fund to promote the audio-visual sector, to distinction between commercial and non- à l’Industrie des Programmes Audiovisuels April, for the application of Article 27. on the basis of transparent and neutral be supplied from funds paid by operators commercial advertising. criteria.6 The commission held four

6 Steps been taken to embed the rules of neutrality, transparency and good governance, as well as ensuring the aid genuinely fosters pluralism and diversity and consolidates the economic model of press enterprises on the basis of the evaluation of a contract-programme signed in 2005. 7 In 2013, 55 million dirhams were distributed to 74 paper publications (dailies, weeklies, monthlies, national or regional, general or specialist). The list shows that annual amounts of subsidies are on the increase: going from DH 200,000 to DH 2,000,000. They relate to 2 million dirhams for 6 titles, 1.8 million dirhams for 4 titles, 1.4 million dirhams for 6 titles, 1.1 million dirhams for 11 titles, 700,000 dirhams for 4 titles, 600,000 dirhams for 1 single publication, 400,000 dirhams for 4 titles, 300,000 dirhams for 13 titles, 200,000 dirhams for 25 titles, essentially concerning the regional press.

14 15 5. THE LEGAL FRAMEWORK FOR FREEDOM OF COMMUNICATION AND THE PRESS discrimination, terrorism or violence 5.1.2.3. The protection of the rights audio-visual media. For example, it is against a person or group persons due of cultural minorities in the audio- unique in the region in conferring on the to their origin, ethnicity, nationality, race visual media parliamentary opposition guaranteed or religion; Morocco is a composite society. The status and rights that allow it adequately The current Press Code could limit the full exercise of press • incite behaviour damaging to the health cultural and linguistic diversity of its to perform its parliamentary work and or safety of people or goods, or to the peoples must be taken into account by play a role in the country’s political life. freedom because it leaves a broad margin of interpretation. This protection of the environment; an audio-visual sector that is undergoing The rights thus guaranteed include • include, in any form whatsoever, false great change. Law No. 77-03 made some “airtime on official media in proportion section analyses the restrictions imposed by the legislation on allegations, statements or presentations, progress by recognising the presence to their representation” (Article 10). such as those that mislead consumers. of the Amazigh language in the audio- Moroccan media’s freedom of communication. visual media. Article 26, paragraph 12 Concerning elections, the Constitution 5.1.2. Legislation intended to obliges audio-visual operators to set lays down the principle of fair access protect minorities, children out in their terms and conditions their to the public media and full exercise and women commitment to offering each of the of fundamental rights and freedoms 5.1.2.1. Protection of young people main types of programming in Arabic, linked to electoral campaigns and Moroccan law contains few provisions Amazigh, Moroccan dialects and/or voting operations. A law should define aimed at protecting young people. other foreign languages. Article 65 states the rules guaranteeing this access, and Children are not taken into account that advertisements must be broadcast the authorities responsible for the either as the target audience of or in Arabic, Amazigh or Moroccan organisation of elections must ensure actors in audio-visual broadcasts dialects if they are intended for the they are applied. and programmes. The few provisions Moroccan public. concerning them cover audio-visual Some key details of the legislation operators, whose broadcasts must This acknowledgement of Amazigh in guaranteeing pluralist expression follow. not infringe the rights of the child as audio-visual communication was made universally understood. somewhat reluctantly by the legislator, • Law No. 9-97 gives political parties but it is formalised in the recognition participating in general communal and Article 2 of Law No. 77-03 bans of the culturally and linguistically plural legislative elections the right to access As we have seen, the new Moroccan 5.1. LIMITATIONS ON FREEDOMS expression in all its forms of thoughts advertising that causes moral or physical nature of Moroccan society by the public audio-visual media. Article 295 Constitution guarantees freedom of IN THE AUDIO-VISUAL SECTOR and opinions, and respect for religious harm to minors by: new Constitution. In its Preamble, the states that “access to public audio- expression in its broadest interpretation, The limitations on the freedom of values, public order, morality and the Constitution declares that the Kingdom visual media is open to political parties as well as the right to information and audio-visual communication may consist needs of national defence. • directly inciting them to buy a product of Morocco seeks to preserve, in its participating in communal and legislative access to information held by state either of legal restrictions for reasons or service, exploiting their inexperience fullness and diversity, its single and general elections subject to the terms and authorities and public bodies for all of public order or public morality by It is also subject to respect for the or credulity, or directly inciting them indivisible national identity as a unit is conditions fixed by decree taken at the citizens. Unlike the Tunisian and Algerian the guarantee of pluralist expression of requirements of public service, the to persuade their parents or third forged by the convergence of Arabic- proposal of the Home Office, the Justice constitutions, it also includes more ideas and thoughts or the protection of technical constraints inherent in this parties to buy the products or services Islamic, Amazigh and Saharan-Hassanic Ministry and the Communication Ministry.” specific provisions on press freedom human dignity and rights. means of communication and the need concerned; cultures, nourished and enriched by • The Dahir of 31 August 2002 creating and fair access by political parties to to develop a national audio-visual • exploiting or altering the special its African, Andalucian, Hebraic and the HACA and Law No. 77-03 on audio-visual media. It does not, however, 5.1.1. Legislative restrictions on production industry. relationship of trust between minors Mediterranean heritage. audio-visual communication together guarantee free access to social networks. exercising freedom in audio-visual and their parents, teachers or people constitute an important milestone in communication Under Article 9 of Law No. 77-03, having legitimate authority over them; Article 5 of the Constitution establishes guaranteeing pluralism, particularly In this section we analyse the restrictions Since the lifting of the state monopoly, audio-visual broadcasts and programmes • exposing minors to danger without Amazigh as an official state language political, in audio-visual communication. imposed by the legislation in force the Moroccan legal system has exerted must not: good cause. (after Arabic) and as the common Article 3, paragraph 14, of the Dahir on freedom of expression in the no institutional censorship over the heritage of all Moroccans without specifies that the Conseil Supérieur de la communication and information fields. freedom of audio-visual communication. • contravene dogmas of the Kingdom of 5.1.2.2. The protection of women exception. An organic law sets out the Communication Audiovisuelle “ensures We cover legislation: Special provisions set out by Law Morocco as defined by the Constitution, There is currently no legislation in process of implementing Amazigh as an respect for legislation and regulations No. 77-03 and the Dahir creating the particularly those relating to Islam or the force specifically for the protection of official language, including integrating it applicable to the rules and conditions of • restricting the exercise of this freedom, HACA do, however, set out certain legal territorial integrity of the kingdom and women from audio-visual broadcasts into teaching and public life. production, scheduling and broadcasting in the form of institutionalised censorship limitations on the freedom of audio- the monarchy; or programmes that could damage of programmes relating to electoral justified by considerations of public order, visual communication. Article 3 of Law • violate public morality; their image or that convey degrading or 5.1.3. Legislation guaranteeing campaigns that the communication morals or political considerations; No. 77-03 states that this freedom is: • act as apologists for and/or serve the reductive depictions. There are no rules pluralist political expression in bodies from the public and private sector • guaranteeing pluralist political expression exclusive interests and causes of political, to ensure the promotion of women as electoral periods must respect.” in electoral periods; ...subject to respect for human dignity, ethnic, economic, financial or ideological separate stakeholders in audio-visual The new Moroccan Constitution is • Article 48 of Law No. 77-03 on audio- • aimed at protecting minorities, children the freedom and property of others, groups; broadcasts and programmes. also innovative in terms of the pluralist visual communication states that: and women. the diversity and plural nature of • condone violence or incite racial expression of ideas and thoughts in “National public audio-visual companies

16 17 6. SWOT ANALYSIS

are required to respect the terms and 5.2. THE LEGAL LIMITATIONS conditions setting out their specific ON EXERCISING FREEDOM POSITIVE ELEMENTS NEGATIVE ELEMENTS obligations. Terms and conditions must, in OF THE PRESS particular, set out the conditions under In the absence of a clear law defining which said companies perform their the extent of and specific exceptions to Strengths Weaknesses public service missions, and relating to:… press freedom, it should be noted that respect for the plurality of expression of the current Press Code could in effect • Lessons learnt in matters of sustainable constitutional and • The political situation in Libya is very volatile thoughts and opinion, and fair access by limit the full exercise of press freedom legislative reforms • Fragility and limited size of the economic market which political and union structures, according because it leaves a broad margin of • An active civil society has long contributed to political and provides the media with its financial resources to their size and representativeness, interpretation to the administration and social change in the country • A trend towards using the media as a tool in competition and particularly during electoral periods, the courts, and the custodial sentences • A culture of political, cultural and linguistic pluralism favourable political disputes between parties pursuant to current regulations.” it stipulates impose a heavy burden of to change towards greater democracy in the country • The continued lack of professionalism of audio-visual operators • Article 22 states: “In the absence of responsibility on any contravening parties. • The practice of independent regulation of the audio-visual • A trend towards the commercialisation of media and the legislative or regulatory provisions sector for more than 10 years development of poor quality programmes and journalistic in force and, if applicable, the Haute The Moroccan Press Code dedicates • A de facto liberalisation of the audio-visual sector since the content Autorité [HACA] is authorised to fix the a whole chapter to press crimes and beginning of the 1980s, and for more than 10 years by law • The involvement of the audio-visual regulator in political rules necessary to ensure respect for misdemeanours, and stipulates serious • The adoption of a particularly liberal constitution favourable to disputes between the Islamists in power and the modernists in fairness to political or union organisations criminal penalties for the perpetrators. human rights and good governance opposition and professional chambers, or candidates The crimes listed include incitement to • The existence of a rich and varied arsenal in matters of • The slowness and complexity of the process of writing draft to elections to the chamber of carry out crimes and misdemeanours, information and communication laws relating to the communication and information sectors representatives or the council chamber, and crimes against the public realm • Political stability around a constitutional monarchy and the • Weakness of budgetary allowances for the communication and

and concerning rules of production, (serious and heavily punishable crimes INTERNAL progressive sharing of powers information sectors scheduling and broadcasting of party that include any offence against the • A cultural and linguistic diversity which is increasingly • The explosion of the electronic press and the dawning of political broadcasts.” The same article king and royal princes and princesses, understood to be a source of collective wealth and of values media convergence not yet seriously taken into account in entrusts the HACA with “ensuring, during defamation and libel against heads of and civilisation public policy elections in particular, that competing state and foreign diplomats, and the • Increased regionalisation enshrined by the Constitution • A significant delay in the technical, financial and legal candidates have the right to regular and publication of accusatory acts and other • Constitutionalisation of communication and information in preparation of the abolition of analogue and the switch to fair airtime on national and regional radio criminal procedure acts that have not terms of strongly guaranteed freedoms, and a dedicated digital in 2015 and 2020 stations and television channels.” (The yet been debated in a public hearing). mechanism and institution (the HACA, with constitutional • Slowness in drawing up the new legislative and institutional HACA has responded by laying down Sanctions vary from a fine for minor footing) framework two recommendations (during the 2007 violations to five years in jail for the • Absence of a representative elected legislative power and 2011 elections) and one decision most serious. • Strong presence of a conservative trend in the political (during the 2011 elections).) landscape, and sensitivity of the media to this trend • Private operators are under no obligation to participate in programming during elections. They remain free to cover or Opportunities Risks ignore electoral news and to contribute to programming during the electoral period. • Support of the EU and western democratic states • Long term freeze on North African integration • Complete and in-depth free-trade agreement in preparation • The proximity of households to political and military tensions The Moroccan Constitution extends with the European Union • Fanaticism of Jihadist groups this requirement of respecting the plural • Admission of Morocco into certain European media • Greater influence of conservative thinking from the Middle expression of ideas and thoughts to the In the absence of a clear law defining management and consultation mechanisms and spaces: East printed press. Its Article 28: Council of Europe, European Media Observatory...) • Weakness and decline of European political and economic the extent of and specific exceptions • Support from international institutions for media reforms under support following the shift of resources towards central and • entrusts the public authorities with way eastern Europe to the detriment of the south Mediterranean encouraging the organisation of the to press freedom, it should be noted that • Strong requirement on the part of international organisations • A greater presence of capital from Gulf countries in Moroccan press in an independent manner and evaluating freedom of expression in Morocco media, and the risk this could have of influencing trends on democratic foundations, as well as the current Press Code could in effect • Significant presence of Moroccan media in sub-Saharan Africa determining the legal and ethical rules EXTERNAL and the Arab world, as an interesting experience in progressive that govern it; limit the full exercise of press freedom liberalisation and advanced regulation of audio-visual media • states that the law sets out rules for because it leaves a broad margin of • Strong media links with countries in Southern Europe such as organising and controlling public means of Spain and France communication and guarantees access to interpretation to the administration • Availability in Morocco’s neighbourhood of advanced legal and these, respecting the linguistic, cultural and institutional models for media management and regulation political pluralism of Moroccan society; and the courts. • entrusts the HACA with ensuring this pluralism is respected. General short- and medium-term trends

18 19 7. RECOMMENDATIONS 8. LEGAL SOURCES

8.1. PRINTED PRESS (7 August 1997) promulgating Law No. In accordance with the provisions of the new Constitution, • Dahir No. 1-02-207 of 25 rejeb 1423 24-96 on post and telecommunications; (3 October 2002) promulgating Law Morocco needs a new audio-visual law, guidelines on transparent No.77-00 modifying and supplementing • Dahir No. 1-01-123 of 29 rabii I 1422 Dahir No.1-58-378 of 3 Joumada I (22 June 2001) promulgating Law No. management of the sector, an amended Press Code and a clearer 1378 (15 November 1958) forming 79-99, modifying and supplementing the Press and Publishing Code; Law No. 24-96 on post and definition of the responsibilities of various stakeholders. telecommunications; • Dahir No. 1-95-9 of 22 ramadan 1415 (22 February 1995) promulgating law • Dahir No. 1-95-115 of 27 moharrem No. 21-94 on the status of professional 1416 (26 June 1995), promulgating Law journalists; No. 17-94 on activities of production, publishing, import, distribution, • Law No. 20-99 on the organisation reproduction and exploitation of videos of the cinematographic industry intended for private and public usage. (March 2001); 8.2.1. Electronic press • Law No. 34-05 modifying and • Dahir No. 1-59-413 of 28 joumada II supplementing Law No. 2-00 on 1382 (26 November 1962) approving copyright and related rights the text of the penal code; In audio-visual communication our on their physical and mental health, and press should be extended; journalists in (February 2006); recommendations are as follows: also as actors in advertisements. this sector must be subject to a specific • Dahir No. 1-97-162 of 2 rabii II 1418 regime, bringing them into line with other • Decree No. 2.05.957 creating the (07 August 1997) promulgating 1. To draw up a new audio-visual law in For the printed press, we recommend that: professional journalists in terms of rights “National Press Grand Prix” Law No. 24-96 on post and accordance with the provisions of the and obligations. (October 2006); telecommunications, as modified and new Constitution and the technological, 1. The Press Code be adapted to the supplemented; cultural and institutional changes that spirit, values and requirements of the For electronic communications, it is • Decree No. 2.64.406 of 5 kaada 1384 Morocco is experiencing. In particular, new Constitution, totally abolishing any recommended that aspects relating (8 March1965) creating the Moroccan • Dahir No. 1-00-20 of 9 kaada 1420 (15 this would involve opening up the private custodial sentences currently stipulated to the convergence of audio-visual, Copyright Office BO. No. 2732 of 7 February 2000) promulgating Law No sector to NGO radio and taking into and guaranteeing journalists’ access to telecommunications and media sectors Kaada 1384 (10 March 1965); 2-00 on copyright and related rights; account the advanced regionalisation information, as well as their right to should be taken into account at the process, the dawn of terrestrial digital protect their sources. current legislative and regulatory level, • Contract-program 2013-2017 for • Dahir No.1-07-129 of 19 kaada 1428 television and the convergence between 2. The Conseil Supérieur de la Presse particularly by: upgrading press enterprise (Arabic (30 November 2007) promulgating audio-visual, telecommunications and should be set up with a view to version) – (08/03/2013). Law No. 53-05 on the electronic broadband internet. promoting self-regulation by operators 1. Substituting concepts of “electronic exchange of legal data; 2. To give the HACA a new legal status, as and journalists in the printed press communication networks” for those 8.2. AUDIO-VISUAL announced by the Constitution, adapting themselves. of “elecommunications networks” and COMMUNICATION • Dahir No. 1-09 -15 of 22 safar 1430 its composition, powers and operating 3. The draft law in preparation on the “audio-visual communications networks”. • Dahir No.1-04-257 of 25 kaada 1425 (18 February 2009) promulgating Law methods to match the political, cultural, right to information and access to 2. Determining “different types of electronic (7 January 2005) promulgating law No. No. 09-08 on the protection of natural linguistic and technical changes that have information held by the authorities and communication” and their definitions in 77-03 on audio-visual communication; persons concerning the processing of affected the Moroccan media since the other public bodies should be completed order better to manage them. personal data; adoption of the new Constitution. without imposing limitations that 3. Identifying the different stakeholders • Dahir No. 1-00-20 of 9 kaada1420 (15 3. To establish a new text specific to audio- deprive these rights of their substance. in the internet chain and the classifying February 2000) promulgating Law No. • Decree No. 2-08-444 of 25 joumada visual advertising dealing with all questions Any considerations relating to the fields of responsibility: operators, 2-00 on copyright and related rights; I 1430 setting up a national council of that require the rational and transparent protection of persons and the greater publishers, providers, hosts, service information technologies and digital management of the sector, thus providing good that could be invoked to justify providers, and so on. • Dahir No. 1-02-212 of 22 joumada Il economy. protection for listeners and viewers, these limitations must be precisely and 4. Reviewing the Moroccan legal framework 1423 (31 August 2002) creating the consumers, young people and women rigorously defined. on the press and publishing, managing Haute Autorité de la communication as well as economic stakeholders against 4. Public aid and subsidies intended for the online press and electronic publishing, audiovisuelle; denigrating, clandestine or misleading informational newspapers and for identifying the main stakeholders advertising. This legislative system should announcing and publicising legislation and defining their responsibilities • Decree No. 2-02-663 of 2 rejeb 1423 also specifically cover advertising in the must be covered by a specific text, and obligations. (10 September 2002) abolishing the print and electronic press. Self-regulation which sets precise rules and conditions 5. Classifying the responsibilities of State monopoly on broadcasting and among commercial advertising operators for accessing such funding under providers in matters of copyright television; should be promoted through this text. proper conditions, with fair access and and similar rights, within the global 4. To set out precise, complete and rigorous transparency. framework of identifying stakeholders in • Dahir No. 1-97-162 of 2 rabii II 1418 rules to more effectively protect children 5. The legislation and regulations applicable the internet chain and defining the limits against the damaging effects of advertising to the printed press and to the electronic of their responsibilities.

20 21 The media remain vulnerable because of ongoing disputes between traditionalists and reformers and because of the challenge the media present to political players in a changing public governance system.

22 www.med-media.eu MedmediaNetwork MedmediaNetwork