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Another turn of the screw
Published in Al-Ahram Weekly on 06 - 07 - 2006

Twenty four independent newspapers will halt publication next week to protest a draft bill that further restricts press freedom. But this unprecedented move is unlikely to influence the government, writes Amira Howeidy
Hundreds of angry journalists attended a heated general assembly at the Press Syndicate on Tuesday to discuss ways to oppose the government's draft Press Law. The marathon session lasted five hours. After rejecting the draft bill journalists agreed that 24 independent and opposition newspapers, mostly weeklies, will not come out next week. The daily newspapers joining the protest -- Al-Masry Al-Youm, Nahdet Masr and Al-Alam Al-Youm -- will not appear on Sunday, the day the NDP-controlled parliament is expected to pass the law.
The editors-in-chief of Egypt's largest national dailies, Al-Ahram and Al-Akhbar, did not attend the assembly and it is not known if, or how, they will express their solidarity.
A demonstration in front of parliament has been scheduled for 11am next Sunday at which journalists will hold pens in a symbolic gesture. Meanwhile, the open sit-in that began Monday evening will continue.
The gap between what was said during the general assembly and the recommendations issued at the end of the meeting highlighted divisions between journalists on how to deal with what they have termed an "outrageous" piece of legislation.
The draft bill of articles in the Penal Code, already approved by parliament's Legislative Committee, stipulates that publicly questioning the "financial integrity" of anyone could lead to jail or a LE30,000 ($5,350) fine; libeling "institutions and organisations" -- such as parliament, the cabinet or even hospitals -- is also punishable by imprisonment or a fine.
Changes introduced in the Penal Code and the Press Law continue to recommend custodial sentences for certain publication offences in contradiction, say journalists, to the promise President Hosni Mubarak made two years ago to Press Syndicate Chairman Galal Aref that such sentences would no longer apply.
The draft bill also imposes a minimum six-months prison sentence and/or fine for anyone found guilty of spreading "false" or "deliberately misleading" information, or insulting the head of state of a country that is friendly with Egypt.
"The irony of this," said Aref, "is that an American citizen can criticise his president but if I quote that person here in Egypt I can go to prison." This specific article, he argued, was "aimed at protecting the US and Israeli heads of state so that we can no longer describe them as war criminals, or Nazis, which they are."
Because most of the changes are to be introduced in the Penal Code, not the Press Law, journalists on Tuesday argued that if parliament passes the bill it will apply to all Egyptians, not just reporters.
"If someone says the price of petrol will go up they could be sentenced to jail for spreading false rumours," said Salah Abdel-Maqsoud, a board member of the Press Syndicate. The draft bill is an attempt, said Yehia Qalash, another board member, to "terrorise" anyone who dares to speak out or express himself, and it "extends to every citizen in this country".
The custodial sentences stipulated in the bill, said Aref, made him "wonder how the government perceives the role of journalists... Either we expose corruption or we stay at home." His words were met with loud applause.
The Press Syndicate had not been informed of the contents of the draft bill prior to the opening of this week's parliamentary debate on the law. Two years ago the syndicate set up its own committee to devise an acceptable press law that protects the profession and guarantees that it operates in a free environment. The committee held extensive meetings with government representatives to reach a draft acceptable to both but like the judges, who devised their own law over 15 years only to be snubbed by parliament, journalists feel they too have -in their own words- been "deceived" by Mubarak's promise and by the bill presented by the government.
When Mubarak's "promise" was mentioned this week to parliament speaker Fathi Surour, he snapped that "the president can say what he wants, but [parliament] is the legislator and if we create laws for everything he says we won't be a democracy."
The presidential pledge was a source of resentment on the part of many journalists at the general assembly. "Please, stop appealing to the president, he is at the top of all attempts to stifle press freedom and protect corruption," opposition journalist Salah Bedeiwi told Aref. The hall rang with applause.
Several journalists suggested that the general assembly's recommendations should include issuing a black list of journalists who published articles in favour of custodial sentences, and make it compulsory for the national press to halt publishing next week. The demands were ignored in the recommendations approved by Aref.
Aref, and the board, were themselves subject to criticism for their "weakness" in handling the situation. Nur El-Hoda Zaki, a veteran independent journalist, described the board of being the "worst" in the syndicate's history.
Journalists have been campaigning for the abolition of custodial sentences since Law 93 was passed in 1995. In the face of resolute opposition from the Press Syndicate the law was eventually repealed but its replacement, passed in 1996, also stipulated jail sentences for certain publication offences, although for shorter terms. Under the 1996 law libel is punishable by a maximum of one year in jail, and/or a LE1,000-5,000 fine, though if the subject of the libel is a public official the maximum penalty increases to two years and/or a LE5,000-20,000 fine.
"If parliament approves the law," said Salah Eissa, editor of the Culture Ministry's Al-Qahira newspaper, "it will add fuel to a terribly congested climate and chaos will reign, taking Egypt to where it doesn't want to go."


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