{"id":177739,"date":"2017-05-06T09:26:04","date_gmt":"2017-05-06T07:26:04","guid":{"rendered":"https:\/\/scm.bz\/arab_world\/morocco-scrap-prison-terms-for-nonviolent-speech.html"},"modified":"2018-02-11T20:26:45","modified_gmt":"2018-02-11T18:26:45","slug":"morocco-scrap-prison-terms-for-nonviolent-speech","status":"publish","type":"post","link":"https:\/\/scm.bz\/en\/morocco-scrap-prison-terms-for-nonviolent-speech\/","title":{"rendered":"Morocco: Scrap Prison Terms for Nonviolent Speech"},"content":{"rendered":"
\n

Harsh Penal Code Undercuts Press Law Reforms<\/h1>\n

\"\"<\/p>\n

\n<\/header>\n

\u00a0(Tunis)<\/strong> \u2013 Morocco\u2019s<\/a> recent overhaul of its speech laws leaves intact the country\u2019s famous red lines on critical speech, as well as other provisions that could land people in prison solely for peaceful expression, Human Rights Watch said in a report released today.<\/div>\n
\n
\n
\n
\u00a0The 36-page report, \u201cThe Red Lines Stay Red: Morocco\u2019s Reforms of its Speech Laws<\/a>,\u201d compares the new laws with those they replaced, and urges Morocco\u2019s recently formed government and the parliament elected in October 2016 to adopt legislation decriminalizing all nonviolent speech offenses. Restrictions under the country\u2019s penal code undercut the positive features of the new laws, Human Rights Watch said. Notably, the revised penal code maintains prison as punishment for speech that harms the monarchy, the person of the king, Islam, and Morocco\u2019s \u201cterritorial integrity\u201d \u2013 the \u201cred lines\u201d that limit critical discussion of some of the key issues in the kingdom.<\/div>\n

\u201cTaking prison terms for peaceful speech out of one law and dropping them into another is not persuasive reform,\u201d said Sarah Leah Whitson<\/a>, Middle East and North Africa director at Human Rights Watch. \u201cMorocco needs to eliminate prison terms for peaceful speech across the board.\u201d<\/p>\n

Moroccan courts have imprisoned journalists<\/a> and others, including rappers<\/a>, in recent years solely for peaceful criticism of the authorities, under both the press and penal codes. The new Press and Publications Law maintains most of the speech offenses in the previous 2002 law in the same or a slightly altered form, eliminating imprisonment as a punishment, while maintaining fines and court-ordered suspensions of publications.<\/p>\n

\n

The penal code, by contrast, in addition to the new provisions imposing prison or a fine as punishment for \u201cred line\u201d offenses, maintains prison terms for a range of other speech offenses. Those include defaming state institutions, insulting public agents who are performing their duties, praising terrorism, inciting hatred or discrimination, and denigrating court decisions with the intent to undermine the authority or independence of the judiciary. Many of these offenses are defined broadly, increasing the risk that judges will use them to suppress speech.<\/p>\n

\n
\u00a0Moustapha Khalfi, who served as government spokesman and communications minister from 2012 to 2016, developed and promoted the Press and Publications Law. In responding to a letter from Human Rights Watch, Khalfi, who continues in his role as government spokesman, rightly presented as advances a number of the legal reforms governing speech. These include making prison time for many speech offenses optional instead of mandatory, reducing some penalties, narrowing the definition of certain offenses, eliminating the government\u2019s authority to seize or suspend publications without a court order on the basis of political content, and making it easier for a person accused of defamation to present evidence in court of the truthfulness of an assertion. In addition, the new laws eliminate prison altogether as a punishment for the offenses of defaming individuals and offending foreign officials and diplomats.<\/div>\n<\/div>\n

He also defended the penal code provisions that continue to impose prison as punishment for nonviolent speech, saying these are consistent with international or comparative law. He said, for example, that other countries also penalize insulting state institutions.<\/p>\n<\/div>\n

\n
\n
\n
\"Morocco's<\/a><\/div>
\n
Morocco’s motto “God, Nation, King” — here illuminating a hillside in Agadir — is the basis for red lines restricting speech in the kingdom.<\/div>\n

\u00a9 2017 Getty Images<\/span><\/p>\n<\/figcaption><\/figure>\n<\/div>\n

Human Rights Watch rejected that argument, however, based on requirements under international law. For example, the United Nations Human Rights Committee, which interprets the International Covenant on Civil and Political Rights \u2013 which Morocco ratified in 1979 \u2013 has stated<\/a>: \u201cIn circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high\u2026States parties should not prohibit criticism of institutions, such as the army or the administration.\u201d<\/p>\n

The Moroccan authorities should abolish laws that are indefensible under international conventions that affirm the right to freedom of expression, Human Rights Watch said. These include the penal code articles criminalizing the defamation of state institutions, and \u201ccausing harm\u201d to Islam. For speech restrictions that do have a basis under international law, such as those related to glorifying terrorism and \u201cinciting against territorial integrity,\u201d Moroccan authorities should clarify and narrow the definition of the offense so that it meets a need in a democratic society, such as to prohibit incitement to violence.<\/p>\n

\u201cThe government of Morocco is presenting its new press law as big news,\u201d Whitson said. \u201cBut only if parliament fixes the penal code so that Moroccans will no longer face prison for nonviolent speech \u2013 and better yet, if it decriminalizes speech acts that shouldn\u2019t be offenses in the first place \u2013 will Morocco\u2019s press law deserve to be a front-page story.\u201d<\/p>\n

 <\/p>\n<\/div>\n

\n
\n
\n
\"\"<\/a><\/figure>\n
\n
<\/div>\n

The Red Lines Stay Red<\/a><\/h3>\n

Morocco’s Reforms of its Speech Laws<\/p>\n

\n