<<previous | index
Moroccan authorities should allow independent publications
to exercise the right to freedom of expression to the full extent guaranteed by
international standards, without fear of judicial or other forms of harassment.
To that end:
- Authorities should introduce legislation to amend all
provisions of the Press Code of 2002 that violate internationally
recognized standards of freedom of expression. Libel should be treated as
a strictly civil matter; criminal libel statutes should be abolished.
Authorities should also abolish articles that criminalize statements
deemed insulting to the King, a royal prince, or princess (Article 41);
insults against foreign heads of state, prime ministers, foreign ministers
(Article 52); and insults against foreign ambassadors and consuls in Morocco (Article 53).
- Authorities should introduce legislation to eliminate or
drastically limit the scope of other articles that criminalize statements
that undermine the Islamic religion, the institution of the monarchy, or
Moroccos territorial integrity (Article 41); and that criminalize publication
of false information in bad faith that disturbs the public order
(Article 42);
- As a matter of priority, all of the above articles should
be amended to eliminate prison terms as an option for punishment.
- Until such time as the Press Code is brought into line
with internationally recognized standards of freedom of expression,
authorities should refrain from prosecuting journalists under provisions
that violate those standards, or that impose imprisonment as a penalty for
speech offenses.
- Authorities should provide guidance to judges to ensure
that when assessing damage awards in libel cases, they take into account
the potential chilling effect of the award on freedom of expression, among
other things; that the award bears a proportionate relationship to the
harm actually done; and that it takes into account any non-financial
remedies such as publication of corrections.
In addition, authorities should conduct an investigation
into the genesis of street demonstrations in February protesting against Le
Journals supposed publication of the controversial Danish cartoons of the
Prophet Muhammad, and publicly release conclusions as to the role that specific
public officials played in ordering and organizing them.
|