| 5 |
Are media and free speech protected? |
| |
| |
5a:
In law, freedom of the media is guaranteed.
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| |
| Score: |
YES |
NO |
 |
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| |
Comments: In law, freedom of the media is guaranteed. Article 48 of Egyptian constitution protects the freedoms of press, printing, publication and information media. Censorship, suspending or shutting down newspapers by executive decrees are also banned. Only in a state of emergency and during times of war can the government impose limited censorship on newspapers, publications and information media in matters that pertain to general safety or national security in accordance with the law.
References: The Egyptian constitution, article 48.
Peer Review Comments: In addition, articles 207 and 208 of the Constitution guarantee media freedom.
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| |
5b:
In law, freedom of speech is guaranteed.
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| |
| Score: |
YES |
NO |
|
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| |
Comments: In law, the freedom of individual speech is guaranteed and each citizen has the right to express his points of view and publish them in all available forms. This is in accordance with the law and self-criticism and constructive criticism for the safety of the national system.
References: The Egyptian constitution, article 47.
|
| 6 |
Are citizens able to form print media entities? |
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| |
6a:
In practice, the government does not create barriers to form a print media entity.
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| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: In practice, the government creates barriers to forming print media entities. This is in contradiction to the Egyptian constitution that guarantees the freedom of all citizens and political parties of possessing and issuing newspapers. Law No. 96 issued in 1995 prohibits and seizes the right of normal citizens to possess or issue newspapers. This law imposes restrictions on establishing newspapers by normal and virtual persons as it treats newspapers as joint-stock companies and cooperatives, ultimately requiring people to have large sums of money to establish joint-stock companies to issue newspapers. Law No. 13 issued in 1979 , which was modified by Law No. 223 issued in 1989 confirms the state monopoly of possessing radio and television. It deprives individuals of establishing radio and television networks unless it is through joint-stock companies, again a financial barrier to the common citizen. Law No. 3 issued in 1998 made the approval of the head of the ministers' council a condition for allowing joint-stock companies to be established.
References: The Egyptian Organization for Human Rights: www.eohr.org/or/htm
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| |
6b:
In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.
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| |
| Score: |
YES |
NO |
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| |
Comments: Law No. 159 issued in 1981 for organizing media joint-stock companies was modified with Law No. 3, which was issued in 1998. It permits a formal process to appeal a denied print media license. This is done mainly through courts if the joint-stock company meets the legal conditions.
References: Law No. 3 issued in 1998 for organizing media joint-stock companies
Peer Review Comments: Law number 96, issued in 1996, permits an appeal to the administrative court when a media license is denied.
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| |
6c:
In practice, where necessary, citizens can obtain a print media license within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: In practice, citizens can obtain print media license in different time periods. The time taken to get a license depends on the position and attitude of the government toward the person applying for the license and whether the government feels this person supports or opposes the government. One of the prerequisites for issuing a newspaper is to get the Supreme Council of Press to approve the joint-stock company that will issue the papers. The leftist Al-Badeel (The Alternative) newspaper was delayed for a year because the Supreme Council of Press was resistant in giving the license, despite the fact that all the prerequisites for establishing joint-stock companies were satisfied. Under the pressure of civil society organizations, the council gave its consent in July 2007.
References: Al-Masry Al-Yawoum (The Egyptian Today), Dec. 23, 2006
Peer Review Comments: Also see: El-Asr newspaper, Feb. 2006.
It is hard to get the license as the application process may take long time and then result in refusal. Many find it easier to get the the license from Cyprus or London and then release the publication in Egypt.
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| |
6d:
In practice, where necessary, citizens can obtain a print media license at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: According to Law No. 96 issued in 1995, only organizations, joint-stock companies and cooperatives -- not individuals -- can obtain a print media license for a daily newspaper after depositing 1 million Egyptian pounds (US$180,580) in the bank as insurance. For a weekly newspaper, a person must deposit 250,000 Egyptian pounds (US$45,145). Law No. 13 issued in 1979 for organizing radio and television networks stipulates that the media joint-stock companies wanting to launch a network or a TV channel must deposit 50 million Egyptian pounds (US$9 million) in the bank as insurance. This is a crippling condition for the average citizen.
References: Law No. 96 issued in 1995 for organizing issuing newspapers article 45. Law No. 13 issued in 1979 for organizing radio and television networks.
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| 7 |
Are citizens able to form broadcast (radio and TV) media entities? |
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| |
7a:
In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: According to Law No. 13 issued in 1979 and modified with Law No. 223 issued in 1989, the state monopolizes possessing radio and television networks. Thus, radio and television stations in Egypt express the views of government. Other views have no place in Egyptian radio and television.
Egypt and several Arab countries are witnessing a real revolution in private broadcasting such as independent non-partisan press and satellite T.V. channels. Although the last meeting of the Arab ministers of information and media issued a document described by civil society activists as a only aiming at blocking this free space, the Arab regimes are not yet able to apply this document. thus, free independent media channels are still out of the control of the states.
References: Law No. 13 issued in 1979 and modified with law No. 223 issued in 1989 for organizing radio and television networks.
Peer Review Comments: The Egyptian government does not grant licenses to private TV channels and broadcast stations that air on a public bandwidth. The Egyptian government, however, gave licenses to new TV satellite channels. One of the new channels is the "Al-Hayat Channel," which started its programs in 2008. Such channels are granted a license provided that their programming is for entertainment purposes, with very limited news and political analysis programming.
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| |
7b:
In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.
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| |
| Score: |
YES |
NO |
|
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| |
Comments: According to Law No. 3 issued in 1998 for organizing media joint-stock companies, a formal process to appeal a denied broadcast media license -- including courts -- is permitted. When the media joint-stock companies meet the criteria posed by the law, they can appeal the refusal of the Minister of Information. The court can give them the license to work.
References: Law No. 3 issued in 1998 for organizing media joint-stock companies.
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| |
7c:
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: In practice, joint-stock companies can obtain broadcast (radio and TV) media licenses in different time periods.There is no fixed time period for obtaining a broadcast media license. The time taken to get license depends on the position and attitude of the government toward the persons applying for the license and whether he or she supports or opposes the government. Political parties (such as Al-Wafd) and religious groups (such as the Egyptian church) endured a lot to obtain a license of this whether a license is granted in a timely fashion. For sports channels, there can be no objection. But for channels for political parties and religious groups there would be many objections, and the time period for obtaining the license would be longer.
References: Law No. 3 issued in 1998 for organizing organizing media joint-stock companies.
Peer Review Comments: In practice, getting a license can take close to a year in some cases.
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| |
7d:
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: Law No. 3 issued in 1998 stipulates that media joint-stock companies deposit 50 million Egyptian pounds (US$9 million) in the bank as insurance. This makes it very difficult for individual citizens to obtain a broadcast (radio and TV) media license. Only some political parties and businesspeople can meet that condition.
References: Law No. 3 issued in 1998 for organizing organizing media joint-stock companies.
|
| 8 |
Can citizens freely use the Internet? |
| |
| |
8a:
In practice, the government does not prevent citizens from accessing content published on-line.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: Since the beginning of 2008, the government tightened the grip around the use of the Internet. The last tool that the government made use of to restrict citizens' use of the Internet was requiring Internet cafes to record the names and identity card numbers of Internet users as well as what they searched for on the Internet. These records are then handed over to the state security apparatus. These procedures frighten people wanting to publish or access content on the Internet.
References: The Arab Network for Human Rights Information, Tightening the grip around internet activists, Aug. 15, 2008, from www.anhri.net
Peer Review Comments: It seems that the comment above has to do with "publishing" content on the Internet, more than "accessing" the Internet content. In most cases, citizens can access the contents of the Internet freely.
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| |
8b:
In practice, the government does not censor citizens creating content on-line.
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| |
| Score: |
100 |
75 |
50 |
25 |
0 |
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| |
Comments: The government censors citizens in their use of the Internet. The government established a separate unit in the Interior Ministry known among Internet users as the "Internet police". This unit is responsible for monitoring and following crimes resulting from technological developments. Gen. Samy Bahnasawy, whose portfolio includes this work, declared," The work groups in the new administration and follows Internet problems on daily basis, monitors and examines all use especially data and information movement to and from the external world. In case of identifying illegal actions endangering the security and stability of the state, they immediately intervene in coordination with other specific administrations." (Ibid, p. 153). That new administration has a website (www.ccd.gov.eg) that includes the telephone number and e-mail of the administration with a call to citizens to inform officials of Internet activities that deserve intervention. (Amr Khalaf, there is no law for internet crimes, Nahdat Misr newspaper, issue 627, 18/4/2006.) Since 2002, the new administration arrested many political activists and journalists. Among those was Kareem Amr, who was sentenced to spend four years in prison for blogs he published on some internet sites such as www.koran903.blogspot.com. In the case of Hala Helmy Bottros (aka Hala Al-Masry), who used to publish in a blog entitled "Cops without boundaries" (www.halaelmasry.blogspot.com), the government harassed her and "unknown people" beat her father. She and her husband were arrested and signed an agreement not shut down the blog.
References: The Arab Network for Human Rights Information, Tightening the grip around internet activists, Aug. 15, 2008, from www.anhri.net
Peer Review Comments: The common perception is that the government censors all online content, especially materials that discuss political and religious issues. A number of bloggers were arrested this year.
|
| 9 |
Are the media able to report on corruption? |
| |
| |
9a:
In law, it is legal to report accurate news even if it damages the reputation of a public figure.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Egyptian constitution and law guarantee the freedom of expression. Articles 46, 47, 48, and 49 are clear in securing free expression. In Egypt, there are laws that contradict the constitution and are contested for that fact in the supreme constitutional court. Yet, there are no laws or regulations that prohibit reporting news even if it damages the reputation of a public figure, including a resident of the republic. There are articles for abuse and defamation in the criminal law. Also in the new press law that substituted Law No. 96 issued in 1995 there is an article related to insulting the president of the republic if it is clear to the court that the news reports not objective or far from constructive criticism.
References: Nahdit Misr newspaper, Dec. 14 and 15, 2006. The Egyptian constitution The criminal law The press law
Peer Review Comments: Law no.96, issued in 1996, article 4, permits limited state censorship of written material during a state of emergency and in wartime, in matters related to public safety or for purposes of national security.
|
| |
9b:
In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Government censorship is imposed on all information media, including newspapers, radio and television. Article 3 of the emergency Law No. 162 issued in 1958 has been in effect since president Mubarak held office in 1981. It gives the president of the government the authority to give orders to censor letters, newspapers, newsletters, publications and to seize, arrest, and shut down all means of expression, propaganda and advertisement. In its documentation, the Egyptian Organization of Human Rights found that all individuals and media organizations that were legally pursued were those who questioned government corruption. Many prominent writers and intellectuals writing in opposition and independent newspapers questioned the ability of media to make progress towards free expression when there is a constitution that gives the president massive authorities, among them the ability to muzzle his opponents.
References: Nahdit Misr newspaper, Dec. 14 and 15, 2006 The Egyptian Organization of Human Rights
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| |
9c:
In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The restraints put upon newspapers in publishing corruption-related stories diminish the freedom of newspapers and all media to disclose corruption-related issues. Although the law and constitution guarantee the right of journalists to find news and information, this practice is hindered by laws and regulations. There are several laws that restrict the freedom of news and information sharing. Among them are Law No. 2 issued in 1975 concerning publishing official documents, Law No. 58 and its amendments: Law No. 29 issued in 1982, Law No. 199 issued in 1983, Law No. 97 issued in 1992, Law No. 96 issued in 1995 and Law No. 162 issued in 1958 ( the emergency law) that gives the president of the government and his representatives the authority to prohibit publishing, censoring, arresting, seizing and shutting down newspapers. The attorney general also has the authority to prevent publishing about particular crimes. Recent amendments of Law No. 96 issued in 1995 allow the prosecutor the authority to keep defendants in prison for extended times in case of being accused of insulting the president of the government, judiciary members or the armed force symbols.
References: "Transparency, popular censorship, the freedom of information and the role of the civil society in democratic change, in the driving force of political reform" a seminar held in Ibn-Rushd center for development, 29-30/11/2005.
Also, Several laws.
Peer Review Comments: There is also Internet censorship of corruption-related stories. Several videos of corruption cases were blocked from YouTube, and blogs were closed.
|
| 10 |
Are the media credible sources of information? |
| |
| |
10a:
In law, print media companies are required to publicly disclose their ownership.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: In law, print media companies are required to disclose their ownership. Law No. 159 issued in 1981 -- amended by Law No. 3 issued in 1998 -- concerning the joint-stock media companies require print media companies are required to disclose their ownership.
References: Law No. 3 issued in 1998 Law No. 159 issued in 1981
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| |
10b:
In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: In law, broadcast (radio and TV) media companies are monopolized by the government. As for joint-stock media companies, they are required to disclose their ownership.
References: Law No. 3 issued in 1998
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| |
10c:
In practice, journalists and editors adhere to strict, professional practices in their reporting.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: By the nature of their role, journalists have the ability influence and communicate with citizens. Most journalists and editors in national, opposition or independent newspapers adhere to the journalistic charter of integrity. This charter binds journalists to practice objective and document-based criticism and to avoid subjective, purposeful criticism. The Egyptian constitution and judgments of the constitutional court in several cases established the freedom of expression and emphasized the right of the constructive criticism. In most publication issues against journalists during 2006 and 2007 -- 30 legal cases and more than 60 summoned to prosecutors -- it was regarding the lack of complete documents and information supporting their news. Professional weakness of some press reports are due to obstacles imposed on free information access, not to lack of professionalism among journalists.
References: Risks of being exposed to prison and legal pursuits: lack or misuse of freedom, Al-Araby newspaper, Dec. 12, 2006.
Peer Review Comments: Some pro-government journalists make accusations against government dissidents without caring to provide adequate evidence to support their allegations.
|
| |
10d:
In practice, during the most recent election, political parties or independent candidates received fair media coverage.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: In the last parliamentary elections, the national newspapers had clear bias for the candidates of the ruling national democratic party.
Newspapers intensively brought out the election conferences held by the candidates of the ruling party in all areas. However, these newspapers neglected independent and other political powers and parties. Independent newspapers were more neutral and fair in covering the events of the elections than the national state-owned ones whether quantitatively or qualitatively. The Egyptian television was clearly biased in favor of the candidates of the ruling party. Coverage was far from balanced and objectivity.
At the same Arab-speaking satellite channels such as Al-Jazzera, Al-Arabiya and Al-Houra, they disclosed several violations of transgressions including violence, organized violence, police intervention, preventing voters from entering election committees and assaults against the judges supervising the election process. The Egyptian TV was persisting in presenting a picture of a quiet, fair election process. Some other state-owned channels covered a few of simple problems. But all state-owned TVs and newspapers joined forces in the attack against the Muslim Brothers group. On the contrary to the goals of this coordinated attack, and perhaps because of it, Muslim Brothers group gained the sympathy of ordinary citizens.
The report by the Cairo Institute for Human Rights Studies found that the rates of the television coverage of the last elections were 24 percent and 76 percent for independent and party candidates, respectively, despite the fact that the independent candidates constituted 80 percent of the total candidates in all electorates, with overall neglect of the candidates of Muslim Brothers group. The candidates of the ruling party received the majority of the information coverage in all media, or 69 percent, with a wide gap separating it from the next opposition political power -- the leftist Tagamoua party (9 percent), the liberal Ghad (tomorrow) party (6 percent) and the liberal Wafd (delegate) party (1 pecent). The Arab socialist Narist party, the labor party and the Muslim Brothers group received no coverage at all.
References: www.cihrs.org www.egyptcrc.org/en/index/httm
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| |
10e:
In practice, political parties and candidates have equitable access to state-owned media outlets.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The state-owned media outlets are totally biased toward the ruling party. They practice fact effacement and present ambiguous and imbalanced views of the events in the election process. Political parties and independent candidates have no access to state-owned media outlets. Even the TV programs that are supposed to give space to all candidates to present their election programs, the state-owned TV neglected opposition and independent candidates.
References: www.hrinfa.net/egypt/cpe
|
| 11 |
Are journalists safe when investigating corruption? |
| |
| |
11a:
In practice, in the past year, no journalists investigating corruption have been imprisoned.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: The Bolaq court imposed a sentence of 6 months in prison against Ibraheem Isa, the editor of opposing Al-Dostour (The Constitution) newspaper for spreading false news relating to the health status of the president of the Arab Republic of Egypt. A court will examine Isa's appeal against that decision in September 2008. Appeals by three other editors of opposing newspapers will judged at the same time as Isa. The four journalists could receive a sentence of imprisonment.
References: Al-Masri Alyoum (The Egyptian Today), March 26, 2008.
|
| |
11b:
In practice, in the past year, no journalists investigating corruption have been physically harmed.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: In practice, in the past year, no journalists investigating corruption have been physically harmed.
References: Alwafd newspaper, Jan. 1, 2007 Nahdit Misr newspaper, Oct. 14, 2006
Peer Review Comments: Journalists Union, Aug. 2008.
|
| |
11c:
In practice, in the past year, no journalists investigating corruption have been killed.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: In practice, in the past year, no journalists investigating corruption have been killed.
References: Alwafd newspaper, Jan. 14, /2007 Nahdit Misr newspaper, Oct. 14 /2006
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