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Articles of Egypt's new draft law organizing Press & Media
Published in Albawaba on 18 - 05 - 2016

The Egyptian government approved the draft law organizing press and media affairs on Monday May 16,
The law, which will now be reviewed by the State Council, consolidates press and media freedoms, and organizes their affairs in a manner that grants them the opportunity to flourish, while preserving the rights and security of citizens and ensuring that the work of journalists adheres to the principles of professionalism and the tenets of Egypt's law and constitution.
Press and Media Freedom/Rights: The draft law contains guarantees that safeguard the unequivocal freedom of journalists to carry out their work, including through the following provisions:
Journalists and media professionals are entirely independent, with no entity practicing authority over them in carrying out their work except for the law.
Journalists and media shall not be inflicted to infringements on their personal safety as a result of any opinion they express. Journalists shall also not be coerced into revealing the sources of their information.
Journalists and media are free to publish any information, data, or news the disclosure of which is not prohibited by the law.
The state shall be obligated to guarantee the freedom of press, media, and the printing press, as well as publication via print, radio broadcasting, television broadcasting, or electronic means. Imposing censorship on Egyptian newspapers and media outlets is prohibited, as is their confiscation, banning, or closure.
Public and government entities must establish a media office or department to communicate with journalists and media and allow them access to information, data, and news. Journalists have the right to receive answers regarding any information, data, or news they inquire about, as long as such information, data, or news is not classified by its nature or by the law.
Any restrictions that hinder access to or provision of information are prohibited, as are any limitations that prevent equal opportunities for all printed, electronic, and audiovisual media outlets in their right to access information. Anything that hinders citizens' right to access information and media is prohibited, in a manner that does not compromise national security, as regulated by the law.
Journalists and media have the right, in carrying out their work, to attend conferences, sessions and public meetings, and to carry out interviews with citizens, as well as to photograph and film in public places where filming and photography are not restricted in accordance with the law.
No searches of a journalist's office or residence can be conducted in connection to crimes committed through newspapers or media outlets, except by a member of the journalists' syndicate.
Transgressions against any journalist due to or during carrying out their work, is punishable by imprisonment and/or a monetary fine.
Exceptions: The draft law stipulates that an exception to the absolute prohibition of censorship can only be applied in wartime or in times of military mobilization, and even then only after the Public Prosecution issues an order based on the request of the concerned administrative entity. Such an order can stipulate the confiscation of printed copies of the newspaper in question, or the removal of the material that violates the censorship if it is published electronically, or the cessation of its broadcasting on the media outlet. The Prosecution must present the issue before the appeals court in the district of the main headquarters of the newspaper or media outlet, within 24 hours of the issuance of the Prosecution's order.
Press and Media Obligations: The draft law also outlines certain obligations for journalists and media to protect the rights of others and ensure that the law and the constitution are observed. This is regulated by the provisions of the draft law, including the following:
Journalists and media must abide, in the information and materials they publish or broadcast, by the principles and values of the constitution and the law, as well as the ethical standards of the profession, in a manner that does not transgress on any of the rights of citizens, or compromises their freedoms. Journalists and media must fully abide by the professional code of ethics.
Journalists shall face disciplinary action by the journalists' syndicate if they violate their obligations as stipulated by this law and by the code of ethics.
Journalists and media shall not publish :
o Racist propaganda, calls for discrimination, violence, or hate speech against any segment of society, insults to religion, or questioning of the faith of others.
o Infringements on the private lives of citizens, or material addressing the private affairs of public service workers, unless it is inherently related to their work.
o Addressing cases currently being processed by investigative or judiciary authorities, in a manner that affects the positions of those on trial or under investigation.
Regulatory Bodies: The draft law establishes a number of media regulatory bodies.
An independent High Council for Regulating Media shall be established as a legal person, to be headquartered in one of the governorates of Greater Cairo. It shall be in charge of regulating the work of audiovisual and digital media, as well as printed, digital, and other press. The Council's responsibilities will include:
o Guaranteeing citizens' right to access a free press that enjoys integrity and professionalism.
o Guaranteeing that media and press services reach all areas of the country in a just manner.
o Ensuring the independence of media outlets and their adherence to professional ethics and the provisions of national security.
o Preventing monopolization and ensuring competition in the field of media and press.
An independent National Journalism Authority shall be established as a legal person, to be headquartered in one of the governorates of Greater Cairo. It shall be in charge of managing and developing state-owned press institutions, and ensuring their independence, integrity, impartiality, professionalism, and sound editorial and economic management.
An independent National Media Authority shall be established as a legal person, to be headquartered in one of the governorates of Greater Cairo. It shall be in charge of managing and developing state-owned audiovisual and digital media institutions and ensuring their independence, integrity, impartiality, professionalism, and sound editorial and economic management.
Replacement of previous legislation: Article Two of the draft law stipulates that Laws no.20 of 1936, no.13 of 1979, and no.96 of the year 1996 shall all be cancelled, as shall as any other provisions that contradict those of this law. If this draft law is eventually adopted in its current form, this will signify that it will replace all previous legislation regarding these matters, in order to ensure that there are no sentences that compromise freedoms in regards to cases of publication, in compliance with articles 70, 71, and 72 of the constitution.


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