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The Hashemite Kingdom of Jordan has been a state party to the International Covenant on Civil and Political Rights (ICCPR) since 1975. Article 19 of the ICCPR guarantees the right of everyone to freedom of expression, including the "freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."(1) The U.N. Human Rights Committee has noted that the manner in which a state defines and restricts expression determines the extent to which individuals enjoy the right to freedom of expression:
It is the interplay between the principle of freedom of expression and such limitations and restrictions which determine the actual scope of the individualµs right....[W]hen a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself.(2)
Governments have a duty to both publishers and readers to ensure that the freedom to seek, receive and impart information and ideas of all kinds, as required by article 19 of the ICCPR, is guaranteed. Media and publishing pluralism therefore entails both access to newspapers and other publications by all segments of the community and the dissemination of a diversity of views, even if these views are opposed to or critical of prevailing state policies. The Jordanian government, in regulating newspapers and other publications, is obligated under international human rights law to do so in such a manner as to protect and foster freedom of expression. It also has a duty to ensure that regulation does not unnecessarily inhibit the free exchange of ideas and information, including the reporting of news, political analysis, and other issues related to domestic and foreign affairs.
The amendments to the press and publications law raise conflicts with internationally recognized norms of free expression because the provisions attempt to regulate and restrict in unreasonable fashion the content of material published in newspapers and other publications. Article 19(3) of the ICCPR allows restriction of expression only in limited circumstances, namely in the interest of "respect of the rights or reputations of others" or "the protection of national security or of public order (ordre public), or of public health or morals." Such restrictions must be "provided by law" and be "necessary." These exceptions are narrowly framed, and the burden of demonstrating their validity rests with the state.
In the absence of compelling justifications by the government of Jordan, Human Rights Watch finds that the restrictions on expression in the press law amendments create unacceptable infringements on the right to free expression. The content bans are arbitrary by two measures: the necessity for such sweeping restrictions has not been demonstrated, and the measures appear disproportionate. Bans on material that "pertains to the Jordanian armed forces or the security forces," "offends the king," or "features rumors detrimental to the public interest or state agencies or their personnel" seem designed to bar news and critical reporting about government officials and institutions, and the conduct of domestic and foreign policy, rather than to protect national security or pubic order. Similarly, the broadly formulated language banning material that "contains disparaging remarks about religions," "harms national unity," and "foments disharmony among members of society" is both unexplained and subject to arbitrary interpretation, and places the burden on journalists and editors to guess what is meant by these ambiguous terms. But it is the state, in fact, that must specify the meaning of such terms, and justify any content ban by reference to specific and tangible concerns for national security or public order.
The content bans appear clearly designed to impose a regime of self-censorship on the press and other publications, preventing them from carrying news and other information related to domestic and foreign affairs. In this sense, the provisions enacted by the council of ministers in May 1997 are excessive, and extend beyond what is envisioned in the Jordanian constitution with respect to censorship in times of martial law or a state of emergency, neither of which is currently in effect in Jordan. Article 15(iv) of the constitution provides that, even in such extraordinary circumstances, only "a limited censorship" may be imposed on the press, publications and other media "in matters affecting public safety and national defence."
Jordanian government officials have defended the amendments as measures designed to address tabloid weeklies that have practiced irresponsible journalism. Yet, the remedy taken - which imposes broad and harsh restrictions on all newspapers and other publications in Jordan - is wholly disproportionate to the perceived problem. The sweeping content bans, for example, are bound to affect editorial decisions and journalistsµ reporting and commentary on a wide range of issues of importance to the public. Further, the imposition of prior censorship of all news and other material related to the military and security forces is an unjustifiable restriction on the print mediaµs right to seek and impart, and the publicµs right to receive, information and ideas.
The exorbitant fines that may be imposed for violations of the content bans - ranging from over $21,000 to over $35,000, and well beyond the financial means of the majority of journalists in Jordan - also appear clearly intended to have a chilling effect on what journalists decide to write and what editors decide to cover and publish. As former Information Minister al-Sharif has noted, such provisions "will serve as a permanent threat to journalists in carrying out their duties."
The provisions of the new law that place restrictions on the operation of privately owned newspapers - such as the citizenship and professional experience requirements for chief editors - appear to constitute arbitrary and discriminatory interference by the state. The government has not persuasively argued the need for such restrictions.
(1) The Jordanian constitution also guarantees freedom of opinion and freedom of the press. Article 15(I) grants to every Jordanian the right to "express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law." Article 15(ii) states: "Freedom of the press and publications shall be ensured within the limits of the law." Article 15(iv) specifically notes the requirements for imposing censorship of the press and other publications: "In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books and broadcasts in matters affecting public safety and national defence may be imposed by law."
(2) United Nations Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, HRI/GEN/Rev.2, 29 March 1996, p. 11.
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