Regulations on Content Vague, Susceptible to Abuse
April 12, 2010
These broadcast regulations are a real setback for media freedom in Iraq. These restrictions open the door to politically motivated discrimination in the regulation and licensing of broadcasters.
Joe Stork, deputy Middle East director at Human Rights Watch

(Cairo) - The Iraqi government should suspend media regulations that impose tight restrictions on the country's broadcast media and revise them to comply with international standards, Human Rights Watch said in a letter today to the official Communication and Media Commission (CMC).

The Commission began enforcing the regulations ahead of the March 7, 2010, parliamentary elections ostensibly to silence broadcasters who encourage sectarian violence, but the regulations are vague and susceptible to abuse. The regulations should be revised to define in detail all restrictions on and give meaningful guidance to broadcasters by clearly delineating their responsibilities, Human Rights Watch said. While the government can prohibit and punish speech that constitutes direct incitement of violence, the broad and vague wording of the regulations, such as prohibiting "incitement of sectarianism," falls short of international norms governing freedom of expression.

"These broadcast regulations are a real setback for media freedom in Iraq," said Joe Stork, deputy Middle East director at Human Rights Watch. "These restrictions open the door to politically motivated discrimination in the regulation and licensing of broadcasters."

Over the months leading to the parliamentary elections, the government restricted freedom of expression in a number of ways. It clamped down on scrutiny of public officials, denied media accreditation to journalists, and sued media outlets that criticized government officials. In addition, police and security forces have harassed, arrested, and assaulted numerous journalists.

The regulations appear to give the CMC unfettered power to halt broadcast transmissions, close offices, seize equipment, revoke licenses, and levy fines on broadcasters. The rules empower the agency to cancel licenses even after the first minor violation of the licensing terms.

In its letter, Human Rights Watch asked the agency to ensure that punishments are proportionate to the offense, increasing only in step with the severity and repetition of offenses. The rules should also give license applicants a clear and expeditious path to appeal denied applications.

Human Rights Watch also urged the agency to stop requiring broadcasters to provide it with a list of employees, as this poses an unacceptable security threat to media workers. Iraqi journalists already operate in an extraordinarily unsafe environment. Since 2003, at least 141 journalists have died in Iraq, some in politically motivated murders. Muaid al-Lami, head of the Iraqi Journalists' Syndicate, has been the subject of two assassination attempts, including one last month. Journalists in Iraq who wish to stay anonymous should be able to do so, Human Rights Watch said.

"Not only do the regulations give this agency enormous power to shut down broadcasters for minor and first-time transgressions, but they place the lives of Iraqi journalists at greater risk," Stork said. "The Media Commission should suspend the regulations until it fixes them."

More reporting on: