Media laws at Mauritania
Mauritania's media law landscape is complex, reflecting a mix of constitutional guarantees for press freedom alongside a number of restrictive laws that can lead to self-censorship and, in some cases, prosecution of journalists and activists. While there have been positive developments, significant challenges remain.
Here's a breakdown of the key aspects:
1. Constitutional and Legal Framework for Freedom of Expression:
Constitution: The Constitution of Mauritania provides for freedom of speech and press.
2006 Press Freedom Law (and 2011 Amendments): This law is a cornerstone, having significantly liberalized the media sector.
It abolished prison sentences for slander and defamation of individuals, including heads of state and accredited ambassadors (though fines remain). This was a major positive step towards decriminalizing press offenses.
It provides for the protection of journalists' sources.
It facilitated the establishment of independent newspapers by removing the requirement for Ministry of Interior approval.
High Authority for Press and Audiovisual (HAPA): This independent body (Haute Autorité de la Presse et de l'Audiovisuel) was established to regulate the press and audiovisual sector. It began licensing independent radio and television stations in 2011, ending a long-standing government monopoly on broadcast media. HAPA aims to ensure diversity, freedom of expression, and professionalism in the media. Its leadership saw a change in August 2024.
2. Restrictive Laws and Persistent Challenges:
Despite the positive legislative changes, several repressive laws remain on the books and are used by authorities, leading to concerns from human rights organizations:
Blasphemy Laws: Mauritania is a deeply conservative Islamic country, and laws against blasphemy are extremely severe.
The Penal Code, particularly Article 306, was strengthened in 2018 to mandate the death penalty for certain blasphemy offenses, removing the possibility of repentance to avoid execution. While no one has been executed for apostasy, journalists and activists have been detained and charged with blasphemy, facing potential death sentences.
Publishing work that "undermines Islam" can lead to bans or arrests for journalists.
"False News" and Cybercrime Laws:
A Law on Combatting Manipulation of Information (passed around 2020/2021) criminalizes the dissemination of "false" information and the creation of fake digital identities. Penalties can include prison sentences of up to five years and substantial fines. This law is vaguely worded and can be broadly applied.
Cybercrime Law (Law No. 2016-007): This law also contains provisions that can be used to restrict online speech.
Laws Protecting National Symbols and State Authority:
A 2021 law (related to "protection of national symbols and criminalization of attacks on the authority of the state and the honor of the citizen") introduces offenses punishable by imprisonment for undermining state authority or national unity, or for content that "harms the morale of the armed and security forces." Critics argue its terms are vague ("constant values," "sacred principles of Islam") and can be used to suppress dissent.
"Attack on civil peace and social cohesion": This law also criminalizes content (slander, insults) that advocates hatred between components of society, with severe penalties.
Defamation (Civil Liability): While criminal defamation has been abolished, civil defamation remains an issue, with individuals facing potential fines.
Self-Censorship: Due to the existence of these repressive laws, journalists often practice self-censorship, especially when covering sensitive topics such as the military, corruption, slavery (which persists despite legal prohibitions), or religious issues.
Harassment and Arrests: Despite legal protections, journalists who cover sensitive topics or scrutinize the political elite may still face harassment, wiretapping, and occasional arrest. There have been reports of arrests for criticizing the government on social media.
3. Telecommunications and Internet Regulation:
Autorité de Régulation (ARE): This independent regulatory body oversees the telecommunications sector, including licensing, regulation, and monitoring of operators.
Telecommunications Law of 11 July 1999 (Law No. 99-019): This law established the independent regulatory authority, defined competition rules, and aimed to ensure transparency and universal access to services.
Internet Access: Internet penetration is growing in Mauritania. While there are no widespread reports of government blocking or filtering of internet content, temporary internet shutdowns have occurred, particularly during periods of political sensitivity or unrest (e.g., after the 2019 elections).
4. Press Freedom Index and Current Climate:
Reporters Without Borders (RSF) has notably ranked Mauritania much higher in recent years for press freedom. In 2024, it was ranked 33rd out of 180 countries, putting it high on the African continent.
This improvement is often attributed to reforms under President Mohamed Ould Ghazouani since 2019, including the decriminalization of press offenses.
However, despite this positive ranking, concerns remain about the existing repressive laws and instances of intimidation and arrest. The "Freedom in the World 2023" report by Freedom House notes that while the media landscape is vibrant, journalists covering sensitive topics risk harassment and arrest due to repressive laws on the books.
In conclusion, Mauritania presents a complex media law environment. While significant steps have been taken to liberalize the press and abolish criminal defamation, the continued existence and occasional enforcement of laws against blasphemy, "false news," and undermining state authority pose a substantial threat to full press freedom and encourage self-censorship. The recent rise in press freedom index rankings suggests positive momentum, but vigilance is required regarding the application of remaining restrictive legislation.
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