Article 19 protests prosecutions of the media

ARTICLE 19, the International Centre Against Censorship, is greatly
concerned about your government’s renewed use of over-broad provisions in
the Penal Code to bring prosecutions against journalists, editors and
proprietors of the independent media in Egypt on account of their exercise
of the internationally-recognized right to freedom of expression.

We are particularly concerned that the use of these restrictive laws results
in journalists, editors and newspaper proprietors being imprisoned and by
the generally chilling effect that such prosecutions will have on the
Egyptian media as a whole, to the detriment of the public interest.

Law No. 95 of 1996, which was pushed through by the government in the face
of strong opposition from journalists, writers and other sectors of Egyptian
civil society, increased the severity of penal sanctions related to the
dissemination of information, and extended the already potent menace arising
from the authorities’ previous use of the criminal law against journalists.

In ARTICLE 19’s view, these restrictions, and the prosecutions being
initiated under them, breach Egypt’s obligations as a state party to the
International Covenant on Civil and Political Rights (ICCPR), Article 19 of
which guarantees freedom of expression, only permitting restrictions in
exceptional circumstances to safeguard certain specific interests. The
following provisions of the Penal Code are a major concern:

Articles 86 and 174, punishing writings damaging to national unity, and
incitement to hate or ridicule of the political system, even in the absence
of advocacy of violence or indeed any tangible threat to pubic order, are
sweeping restrictions that exceed the scope provided for at international
law.

Articles 179 and 184, punishing offence to the President and other public
authorities, contradicts the accepted position under international law that
politicians and public officials must tolerate a greater degree of criticism
than ordinary individuals.

ARTICLE 19 is concerned that media professionals held to have violated these
laws have been sentenced to terms of imprisonment, instead of and often in
addition to the payment of fines. International law requires that any
sanctions must remain strictly proportionate to the harm caused by the
publication. Penal sanctions are clearly inappropriate in matters such as
defamation, particularly in respect of public figures like the President,
who must tolerate greater scrutiny. Civil remedies should provide sufficient
redress for persons offended by such publications.

ARTICLE 19 is also concerned that despite being prohibited in the Egyptian
Constitution, censorship and the closure of newspapers are increasingly
being practiced. The vulnerability of publications licensed abroad to
censorship prior to their distribution, and even outright banning – as has
recently been the case with the “Cairo Times” and “Al Dustour”
respectively contravenes Egypt’s obligation at international law to
guarantee freedom of expression ‘regardless of frontiers’. [Article 19(2) of
the ICCPR]

Prior censorship is such a restrictive measure on freedom of expression that
it is expressly prohibited in some regions of the world and subjected to
careful scrutiny in others. Restrictions on individual liberties must be
strictly necessary to meet the exigencies of the situation, even in
emergency situations.

ARTICLE 19 therefore urges the Egyptian government to take the following
steps to comply with its obligations under international law:

Revoke all prison sentences imposed against journalists, editors, publishers
and proprietors on account of their peaceful exercise of freedom of
expression, drop all pending charges that could lead to such sentences and
abolish the use of prison sentences in such cases.

Repeal the provisions of the Penal Code criminalizing false news, incitement
to ridicule of the political system, damage to national unity and offence to
the President.

Demonstrate commitment to the fundamental rights to freedom of expression
and of the press by embarking on widespread reform of all legal provisions
affecting the media, particularly Law No.20 of 1938 on foreign publications,
Law No. 96 of 1996 on the Press Authority, as well as many emergency and
state security laws.

Pending broader reform, immediately desist from the institution of criminal
proceedings against the media and critics of government policy and ensure
that the public prosecutors act with due restraint in instituting
proceedings.