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2008 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	75
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	63
9	Are the media able to report on corruption?	25
10	Are the media credible sources of information?	30
11	Are journalists safe when investigating corruption?	67

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: The Constitution Article 15: (ii) Freedom of the press and publications shall be ensured within the limits of the law. (iii) Newspapers shall not be suspended from publication nor shall their permits be revoked except in accordance with the provisions of the law. (iv) 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 defense may be imposed by law. (v) Control of the resources of newspaper shall be regulated by law.

Press and Publication Law 8, 1998, Article 3: Press and publication are free, and freedom of expression is guaranteed for each Jordanian who may express his opinion through verbal expressions, writing, photographing, drawing, or other means of expression and media.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: The Constitution Article 15: (i) The State shall guarantee freedom of opinion. Every Jordanian shall be free 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. Press and publication are free, and freedom of expression is guaranteed for each Jordanian who may express his opinion through verbal expressions, writing, photographing, drawing, or other means of expression and media.

Peer Review Comments: Freedom of speech is guaranteed "provided that the law is not violated". Whilst the law does specify certain "issues" which cannot be freely expressed, the law is, as expected, vague on many issues.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: The 2007 amendment of the press law released some restrictions on the right to form print media; however, it kept the following restrictions which, practically speaking, affect this right: The editor must be a member of the Journalists Association; the right of ownership is restricted to the approval of the government.

References: Press and Publication Law #8, 1998, with the 2007 amendments.

www.alarcheef.com/IFEXReports/pressLawAr.asp

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: If the cabinet refuses to grant a license, the applicant can appeal to the Higher Court of Justice.

References: Higher Court of Justice Law #12/1992: Article 9-a: 9- The court's exclusive jurisdiction is to examine appeals from the stakeholders as follows: 9) legal actions by individuals and organizations to abandon the final administrative decisions. 10) To appeal any administrative final decision even if it is immunized by the law on which it was based on.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments:

References: Dr. Sassin Assaf, Comparative Report on the State of the Media in Egypt, Jordan, Lebanon and Morocco, Arab Center for the Development of Rule of Law and Integrity, ACRLI & IFES, Part of the UNDP's Promoting the Rule of Law and Integrity in Arab Countries project, May 2007, www.ifes.org/publication/afa896d49cfcb8fe19420c639c1481b0/Media%20Comparative%20Report%20FINAL.pdf.

Interview with Mohammad Abu Rumman, yournalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: Legislation allows the cabinet to deny a broadcast media license without justification. This fact is used to create barriers against the formation of broadcast media entities.

References: Phone interview with Areej Jamal, Administration and Finance Manager, Radio Albalad, Jan. 7, 2009.

Dr. Sassin Assaf, Comparative Report on the State of the Media in Egypt, Jordan, Lebanon and Morocco, Arab Center for the Development of Rule of Law and Integrity, ACRLI & IFES, Part of the UNDP's Promoting the Rule of Law and Integrity in Arab Countries project, May 2007, www.ifes.org/publication/afa896d49cfcb8fe19420c639c1481b0/Media%20Comparative%20Report%20FINAL.pdf.

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.

Score:

YES

Comments:

References: Audio & Visual Media Temporary Law (Not approved by parliament) #71/2002: Article 18 - (a) Based on the recommendation of the manager (of the commission of the Audio & Visual Media ), the cabinet has the right to grant,, renew, amend, or repeal the broadcasting license in accordance with the provisions of the Act and regulations issued pursuant to and in accordance with national plans of assessments for the media. (b) The cabinet has the right to reject application to grant broadcasting licenses to any entity whatsoever without justification. (c) Broadcasting license is granted on personal basis, thus, the license, or any of its parts may not be waived thereof except with the consent of the cabinet based on recommendation of the minister.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: Delays might take place, and sometimes licenses may be denied without justification.

References: Audio & Visual Media Temporary Law (Not approved by parliament) #71/2002:Article 16 (C-2) Decision in regard to License application must be issued within 60 days of notification of authorizes minister.

Article 18 (B): The cabinet has the right to refuse to grant broadcasting licenses without justification.

[ LINK ].

www.ammonnews.net/article.aspx?articleNO=2273.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: Any legal entity can obtain a license, but the Audio & Visual Commission charges high fees that impose a major financial burden.

References: Ordinance for Radio & TV broadcasting, re-broadcasting, and their fees made pursuant to paragraphs (a) and (b) of Article (32) of the Audio & Visual Media Temporary Law (Not approved by parliament) #71/2002: Article 11: Fees for licensing of television broadcasting and rebroadcasting are as the followings: -A - Licenses for television broadcasting: 1 - a hundred thousand dinars (US$141,242) for any broadcast station of the overall coverage of most areas of the Kingdom. 2 - fifty thousand dinars (US$70,612) for any broadcast station in Greater Amman on (UHF) channels3 - thirty thousand dinars (US$42,372 for any broadcast station in the area of city of Irbid or Zarqa, on blue (UHF) channels. 4 - twenty thousand dinars (US$28,249) for any broadcast station in any of the other regions of the Kingdom, on (UHF) channels.

Article 12 - Fees for licensing of Radio broadcasting and rebroadcasting are as follows: A - License For a radio broadcast station that uses any wave of (FM) broadcasting capacity of not more than (5) kW: -- 1 - twenty five thousand dinars (US$35,310) in the Greater Amman. 2 - fifteen thousand dinars, in Zarka and Irbid area. 3 - ten thousand dinars (US$14,124) in any of the other regions of the Kingdom. B - License to re-broadcast part of a foreign radio programs by a radio station in the Kingdom which uses any (FM) wave: -- 1 - twenty thousand dinars (US$28,249) in the Greater Amman 2 - ten thousand dinars (US$14,124) in any other regions of the kingdom C - five thousand dinars (US$7,062) for each wave (FM) radio station for an additional same capacity up to one kilowatt. D - License radio relay station used by external electromagnetic waves, a wave (FM) broadcasting capacity of not more than (5) kW - seventy five thousand dinars (US$105,932) in the Greater Amman. 2 - fifty thousand dinars (US$70,621) in any of the other regions of the Kingdom. [ LINK ].

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published on-line.

Score:

100

Comments: Internet users are prevented by the government from reaching online content in very minor cases.

References: [ LINK ].

8b: In practice, the government does not censor citizens creating content on-line.

Score:

100

Comments: The Press and Publications Law's broad provisions may lead some writers to engage in self-censorship. Although Jordan's government continues to develop initiatives to expand access to the Internet, laws restricting freedom of speech preserve an intimidating atmosphere that discourages free discourse on political and social issues.

References: [ LINK ].

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

Comments: The freedom of opinion and speech is guaranteed by the constitution. However, the Anti-corruption Commission Law prohibits reporting news that might damage reputations. No cases were brought against journalists or citizens who reported corruption charges against officials; however, we believe that this law encourages self censorship.

References: The Anti-corruption Commission Law #62/2006: Article 4 states that the commission aims to: (d) fight character assassination (damaging of personal reputation).

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments:

References: World Audit Report 2005, Jordan Report, www.worldaudit.org.

[ LINK ].

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: The constitution provides for freedom of speech and press; however, the government imposes significant restrictions on these rights in practice. Government intimidation and the threat of fines and detention lead to self-censorship of journalists, a fact that prevents publication of controversial corruption-related material in cases where there is a strong political incentive to suppress the information.

References: [ LINK ].

[ LINK ].

Are the media credible sources of information?

10a: In law, print media companies are required to publicly disclose their ownership.

Score:

YES

Comments: Print media companies are not legally required to disclose their ownership to the public, but they are required to disclose the information to the Ministry of Trade and Industry which makes it accessible to anyone upon request. In practice, it is available. There are no such requirements in the Printing & Publishing Law.

References: Companies Law #22/1997 Article 11 (a-2) requires that the application form of the company must state the names, and nationalities of the shareholders and they must submit their IDs or passports in order to register the company.

Peer Review Comments: Ownership information is accessible to anyone on the Ministry of Industry and Trade online website free of charge. The search takes minutes to know who are the owners of a company.

Peer Review Comments: Ownership information is available online free of charge at ccd.gov.jo.

10b: In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.

Score:

YES

Comments: Print media companies are not required to disclose their ownership to the public, but they are required to disclose the information to the Ministry of Trade and Industry which makes it accessible to anyone upon request. There are no such legal requirements in the Audio & Visual Law, though in practice the information is relatively accessible through the Ministry's website.

Peer Review Comments: Ownership information is accessible to anyone on the Ministry of Industry and Trade website free of charge. The search takes minutes to know who owns of companies.

Peer Review Comments: Ownership information is available online free of charge on ccd.gov.jo.

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: The degree of journalistic professionalism varies from one newspaper to another, and the standards are is much more developed in daily newspapers than in weekly newspapers.

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: Some candidates have better chances at accessing the media than others. Some of the more well-known or wealthy candidates have an advantage over their competitors.

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

Peer Review Comments: Some candidates have better media coverage than others. However, in addition to being more well-known or wealthy, these candidates are "favored" by the state and this is why they get better media coverage.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: Some candidates have better chances at accessing state-owned media than others. Some observers claim that the leaders of the Islamic Action Front Party have not enjoyed equitable access to state-dominated media in recent years.

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Journalist Faez Al-Ijrashi , the editor in chief of the weekly al-Akhbareyya, was detained for five days after he published an article about a shipment of bad meat and criticized the Amman city mayor. He was prosecuted in three different courts. The prosecutor of the State Security Court issued a 15-day detention order for al-Ajrashi after the journalist published a article protesting the performance of the mayor of the capital for being not professional. Later on, the King told the authorities not to detain journalists anymore for reasons related to their publications.

References: [ LINK ].

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: The press has not reported any such cases.

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: The press has not reported any such cases.

References: Interview with Mohammad Abu Rumman, journalist, editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009.