Media laws at Egypt
Egypt's media laws are characterized by a complex interplay of constitutional guarantees, comprehensive legislation, and powerful regulatory bodies. While the constitution theoretically upholds freedom of the press, the practical application of these laws, particularly since 2014, has raised significant concerns about media freedom and independent journalism.
I. Constitutional Basis:
2014 Constitution: The Egyptian Constitution enshrines the freedom of press, printing, publishing, and media in all its forms (paper, audio, visual, and electronic). It grants individuals and entities the right to own and establish media platforms.
Prohibition of Censorship: It generally prohibits censorship, confiscation, suspension, or closure of Egyptian newspapers and media. Limited censorship is allowed only during wartime or public mobilization for matters of national security.
No Prison Sentences for Publication Crimes (with exceptions): The Constitution generally prohibits prison sentences for publication-related crimes, except for incitement to violence, discrimination, and defamation. However, other laws (especially the Penal Code and Cybercrime Law) often contradict this by imposing prison sentences for broad offenses.
II. Key Laws and Regulations:
Egypt has enacted a series of laws to regulate its media landscape, particularly since 2018, which have significantly tightened state control:
Law No. 180 of 2018 on the Organization of Press, Media, and the Supreme Council for Media Regulation: This is a cornerstone law that establishes the framework for media regulation.
Scope: It aims to regulate both state-owned and private media institutions, including print, broadcast, and electronic media.
Licensing: Requires websites and social media accounts with over 5,000 followers to obtain licenses from the Supreme Council for Media Regulation (SCMR), with significant fees and capital requirements. Failure to obtain a license can lead to blocking and fines.
Content Restrictions: Prohibits publishing or broadcasting content that violates the Constitution, professional ethics, public order or morals; calls for breaking the law; or incites discrimination, violence, racism, hatred, or extremism.
"False News": Prohibits publishing or broadcasting "false news" and allows for censorship if a violation is found. This is a frequently used charge against journalists.
National Security: Allows the SCMR to ban publications from abroad on grounds of "national security."
Journalists' Rights (in theory): While the law nominally grants journalists rights such as independence in work, confidentiality of sources, and access to information from governmental bodies, these are often undermined in practice by other provisions and a restrictive environment.
Anti-Cyber and Information Technology Crimes Law (Law No. 175 of 2018): This law significantly impacts online media and individual expression.
Website Blocking: Grants authorities the power to block websites deemed to pose threats to national security or the economy, or for publishing content that could incite crime.
Criminalization of Online Content: Criminalizes a wide range of online activities, including publishing personal photos without consent, managing websites for criminal purposes, and broadly defined "harmful electronic communication."
"False News" Online: This law, along with the Penal Code, is frequently used to prosecute individuals, including journalists, for "spreading false news" online.
Data Retention: Requires internet service providers to collect and store user data for a period of 180 days.
Penal Code (Law No. 58 of 1937, with amendments): Contains numerous articles used to prosecute journalists and media workers.
"Spreading False News": Article 80(d) and other provisions are often invoked to punish those who "deliberately spread false information or rumors" that can disturb public security, create fear, or harm the public interest, with penalties including imprisonment and fines.
Defamation and Insult: Articles related to defamation and insult are frequently used against journalists, leading to fines and potential imprisonment.
Incitement: Articles on incitement to violence, discrimination, or other crimes.
Offenses against Public Morals: Penalizes the publication, production, or possession of materials deemed "offensive to public morals" (e.g., obscenity).
III. Regulatory Bodies:
Egypt's media landscape is controlled by three main bodies established under the 2018 laws, all of which are widely seen as lacking genuine independence from the executive authority:
Supreme Council for Media Regulation (SCMR): The most powerful regulatory body, responsible for:
Setting standards and codes of ethics for media content.
Issuing licenses for all types of media outlets, including websites and social media accounts with over 5,000 followers.
Monitoring media content across all platforms.
Imposing sanctions for violations, including fines, suspension of publications, and blocking websites.
Its members are largely appointed by the President.
National Press Authority (NPA): Manages and develops all state-owned print and online media outlets.
Controls the economic and administrative performance of state-owned press organizations.
Appoints and dismisses heads of boards of directors and editors of state-owned publications and websites.
National Media Authority (NMA): Manages and develops state-owned visual, audio, and digital media outlets (e.g., state television and radio).
Appoints heads of public media organizations and ensures adherence to professional rules and content quality.
IV. Challenges and Criticisms:
Despite constitutional guarantees of press freedom, the practical implementation of media laws in Egypt has drawn severe criticism from international organizations and human rights groups for:
Vague Definitions: Laws contain broadly defined terms like "false news," "national security," and "public morals," which allow for wide interpretation and arbitrary application.
Sweeping Powers of Regulators: The SCMR, NPA, and NMA are seen as tools for state control rather than independent regulators, with significant powers to block, fine, and prosecute.
Criminalization of Journalism: Journalists face frequent arrests, detentions, and prosecutions under charges like "spreading false news," "misuse of social media," or "terrorism-related offenses." Prison sentences for journalistic activities are common.
Website Blocking: Hundreds of news websites, blogs, and human rights sites have been blocked without clear legal justification.
Lack of Due Process: Journalists are often detained without formal charges or for prolonged periods, and trials are frequently criticized for lacking due process.
Self-Censorship: The restrictive legal environment and fear of reprisal lead to widespread self-censorship among journalists and media outlets.
Licensing Burdens: Onerous licensing requirements, especially for online platforms, create significant barriers to entry and operation.
In essence, while Egypt has a detailed legal framework for media, its application has created a highly restrictive environment for journalists and independent media, largely prioritizing state control and national security over freedom of expression.
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