(EOHR/IFEX) – The following is a 29 February 1999 EOHR press release: Press Release Closure of a newspaper Governmental intervention to ban Sawt Al-Ummah newspaper The Egyptian Organization for Human Rights (EOHR) is deeply alarmed by the Higher Press Council’s decree canceling the license of Sawt Al-Ummah newspaper, published by Sawt Al-Ummah Publishing and Journalism […]
(EOHR/IFEX) – The following is a 29 February 1999 EOHR press release:
Press Release
Closure of a newspaper
Governmental intervention to ban Sawt Al-Ummah newspaper
The Egyptian Organization for Human Rights (EOHR) is deeply alarmed by
the Higher Press Council’s decree canceling the license of Sawt Al-Ummah
newspaper, published by Sawt Al-Ummah Publishing and Journalism House.
The decree was made on the grounds that the publishing house had made
changes to the company’s structure, on which the license had been issued
on 29 March 1997. These changes included the names of the shareholders
and the company’s board, after a number of shareholders had sold their
shares to others and a new board was elected in a general shareholders
assembly on 9 February 1999. The Higher Press Council considered that
these changes are a violation of article 52 of Law 96 of 1996, and
article 28 of the implementation regulations of the same law, which
stipulates that “In the case of failure to notify the Higher Press
Council of changes in the company information after a license has been
granted, or of changes in this information without
the approval of the Higher Press Council, the license to publish shall
be considered void”!
The cancellation of the license of Sawt Al-Ummah newspaper, published by
Sawt Al-Ummah Publishing and Journalism House, a company founded under
Law 159 of 1981 for joint stock companies and the Press Law, 96 of 1996,
is unprecedented and an indicator of the increase in the phenomenon of
administrative intervention in press affairs.
The EOHR met Essam Ismail Fahmy, Chairman of Sawt Al-Ummah Publishing
and Journalism House, who stated his surprise by the refusal of the
governmental Al-Ahram Printing House to print issue no. 100, scheduled
for 21st February 1999, on grounds of governmental directives. He
described the ban as irrational and unbalanced and added that he
received a letter from the corporation authority dated 24 February 1999,
advising him that after reviewing the minutes of the company’s general
assembly meeting, held on 9 February 1999, the sale of shares and the
changes in the company board had several procedural violations. He also
received a letter from the Higher Press Council notifying him of the
cancellation of the company license. He
went on to assure that all the procedures of the sale of shares and the
board meeting were in accordance with the law, and that even if there
were any procedural mistakes, the administration should resort to the
judiciary, in accordance with the corporate law and article 300 of its
implementation regulations, but that the revoking of the license is a
violation of the law and the Constitution.
The EOHR believes that this decision is a serious violation of freedom
of expression and opinion and of the right to establish publications,
and a grave violation of the Constitution. The most alarming matter was
that the Higher Press Council could rely on the same reasons used
against Sawt Al-Ummah against any party or independent press if they
were to make any changes to the administrative or editorial structure or
the board of directors, or change their printing house without notifying
the Higher Press Council, or even if it is notified but does not approve
of the changes.
The legal researchers studied all the documents presented by the Sawt
Al-Ummah Publishing and Journalism House in the light of international
covenants, the Constitution, and Law 96 of 1996 and the corporate law
and concluded the following:
1. The Higher Press Council’s decree is a violation of articles 48 and
308 of the Egyptian Constitution, which stipulate that freedom of the
press and publishing is guaranteed, and that it is prohibited to suspend
or revoke it by administrative decrees.
2. The decree is based on article 28 of the implementation regulations,
issued by the administration to implement the law, and article 144 of
the Constitution stipulates that implementation regulations must not
stipulate any alterations to the law or suspend their enforcement or be
exempt from their stipulations. Therefore, the implementation regulation
used in this case violates the law, as it stipulates the cancellation of
a license if any changes are made to the company structure, a matter not
stipulated in the original law.
3. Sawt Al-Ummah is published by Sawt Al-Ummah Publishing and Journalism
House, registered as a joint stock company in the corporation authority,
which means that any changes in the company, whether in the board of
directors or in the shareholders, do not affect the validity of the
license, bearing in mind that joint stock companies are put in the stock
exchange for trading, and that this might naturally lead to changes in
the board of directors according to ownership percentage.
4. The implementation regulation has taken liberty in interpreting the
notification to the Higher Press Council, turning it more into a request
for permission. This contradicts the legal concept of notification,
which is simply limited to a declaration of changes, and even if that is
not carried out, it does not justify the nullification of the procedures
or the cancellation of the license.
The EOHR believes that this decree is the equivalent of a death sentence
for an entity and an assassination of a newspaper. It constitutes a
blatant violation of freedom of expression and a threat to basic human
rights, as well as a serious indicator of the increasing intervention of
the administration to limit freedom of the press and a restriction on
citizens and companies to publish newspapers. The EOHR repeats its firm
stance against any form of governmental intervention in the affairs of
the press. Most of all, it calls for the separation of the Higher Press
Council from the Shura Council, and that it be turned into an
independent body that adher
es to its role in regulating press affairs in a manner that guarantees
independence and press freedom. Finally, the EOHR renews its call on the
authorities to respect freedom of expression, a right stipulated in the
Constitution and international covenants on human rights ratified by the
Egyptian government.
1. The Higher Press Council is a governmental body which enjoys
artificial personality, headed by the Head of the Shura Council, and
whose members are selected by presidential decree.
2. Sawt Al-Ummah is a joint stock company established on 12 January
1997 as an independent newspaper according to Law 159 of 1981 for joint
stock companies and the press law, Law 96 of 1996. The first issue of
the Sawt Al-Ummah newspaper was released in March 1997. A number of
changes were decided at the company’s general assembly on 9 February
1999, according to which Essam Ismail Fahmy became chairman of the
board. It is worth noting that Essam Fahmy is the former chairman of the
board of Al-Dostour newspaper, which was closed by administrative
decision in February 1998. Fahmy nominated as editorial advisors Adel
Hamouda, former deputy editor of Rose Al-Youssef magazine, who was
transferred to Al-Ahram newspaper by administrative decision, and
Ibrahim Eissa, former chief editor of Al-Dostour and Alf Leila
newspapers, the second cancelled also by administrative decision in
August 1998.
