Journalists are able to work fairly freely as long as they don’t examine sensitive subjects such as the monarchy, the Western Sahara and Islam – the very issues that worry and affect Moroccan people. Journalists working for independent publications and representatives from the free expression community have expressed concern over the authorities’ continual harassment of the press.

While the United States has welcomed progress reached by Morocco on the human rights front, and in particular, in terms of women’s rights, independent newspapers and weekly publications are still harassed by the Moroccan authorities on a regular basis. Magali Brutel reports for Index on Censorship

Although the Moroccan press is one of the freest in the Arab world, there is still a great deal that needs to be done. Journalists are able to work fairly freely as long as they don’t cross the line of sensitive subjects such as the monarchy, the Western Sahara and Islam. “And yet they are the best subjects because they concern directly Moroccan people,” explained Ali Amar, editor of the independent weekly Le Journal Hebdomadaire. “As soon as a newspaper or a weekly writes something about one of them, it is called anti-patriotic and is criticized by the official media.”

The press code needs to be reformed, as the 2002 amendments to the code remain open to broad interpretation. Journalists and publications may be condemned to prison sentences “when the publication of a newspaper or piece of writing constitutes an offence to Islam, the monarchy or territorial integrity”. Article 29 of the press law says that the government has the right to ban Moroccan or foreign newspapers if they are “likely to pose a danger to Islam, the monarchic institution, territorial integrity or public order”.

“A permanent threat hanging over the press”
In April 2006, following a visit to Morocco to evaluate the situation, Robert Ménard, secretary-general of Reporters Without Borders said, “Morocco is evolving but the laws pose a problem. The press law is a bad law and we think it must be changed radically. Regardless of their shortcomings, punishing journalists in this way is an anomaly in any country that wants to be a democracy, and even if prison sentences are applied less and less, they are a permanent threat hanging over the Moroccan press.”

Ménard also criticized the press law that imposes severe restrictions on foreign investment. He suggested the creation of a court specialized in press matters during a meeting with the communication minister. The aim of such a court could ensure a better understanding of the situation and better protection for the journalists. It could avoid the imposition of exorbitant fines and damages as seen recently in several press cases.

Ménard deplored the fact that King Mohammed VI, just as his father King Hassan, has never given an interview to the Moroccan press. The secretary general asked, “Does this mean the press is too inferior or that journalists are subjects with no right to put questions to their monarch? The King should break with these archaic customs and attitudes.”

During their visit to Morocco, for the first time in 20 years Reporters Without Borders met members of the government. “This meeting has ended the dialogue of the deaf [code of silence] that prevailed until now and signals a change in attitude on the part of the government”, said Ménard.

However, Sarah Leah Whitson, director for the Middle East and North Africa at Human Rights Watch said, “The recent prosecutions show that until the press code is reformed and judges give press freedom its due, the government can roll back that freedom at will.”

“We want Morocco to be compared to other Western countries”
Reporters Without Borders asked: who is behind censorship in Morocco? “The answer would be the justice system”, said Ali Amar. “And the minister of justice depends on the monarchy. Censorship is made in a subtle way. According to the RSF press freedom rating, Morocco is one of the freest in the Arab world but the rating is going to be overtaken by other African countries. And it is not good. There are openings in press freedom but it doesn’t go fast enough for us. We, Le Journal Hebdomadaire, are often criticized because of that, because we try to go faster. And yet, if journalists and publications go on trial, journalists aren’t physically threatened. We can investigate, research. Sanctions usually come after publication! Now we really want Morocco to be compared to other European or Western countries.”

Reporter Without Borders conclude that it would be an exaggeration to say that there is a government plan to gag the independent press. But the harassment of journalists in the courts and the prosecutions against publications are certainly alarming, and it is imperative that advocates for a free press continue to monitor the country’s free expression record.

For further reports see Reporters without Borders and Human Rights Watch