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.