By Ann Flower Seyse
Impunity Watch Reporter, Middle East
CASABLANCA, Morocco– On June 29 three Arabic language newspapers were ordered to pay three million Dirhams, about $372,300 US, for defaming a head of state. The papers, the Al-Massae, Morocco’s most popular daily paper, Al-Jarida Al-Oula and Al-Ahdath Al-Magrebia, were sued in an action brought by a public prosecutor on behalf of the Libyan Embassy. The action was based on content published by all three papers since the beginning of 2008 that allegedly defamed Libyan leader Muammar Gaddafi.
In addition to the three million Dirham fine, several individual reporters from each paper have also been convicted of “attacks on the dignity of a head of state” and fined 100,000 Dirhams (about $12,410 US) per reporter. The reporters had called Gaddafi’s viewpoint “childish,” criticized the political theories that Gaddafi presented in his Green book, and for reporting the arrest of Gaddafi’s son and daughter-in-law in Geneva for assaulting their servants.
The papers and their journalists are shocked and upset by this verdict. The Moroccan Press Union demonstrations staged immediately following the decision. If the convicted papers and journalists have to pay the fines, it could bankrupt all three papers.
The verdict has been taken as a direct attack on free speech and on Morocco’s developing press. Laws that restrict the press have been in effect throughout Morocco’s sovereign existence, but many of the laws were amended in 2001 granting the press more freedom.
The fines were not based upon a measure of damages that Gaddafi suffered, nor were the damages based upon the papers’ resources. The lack of basis for the fines makes it appear as though the fines were imposed as a means to scare journalists away from writing the stories that they want to and from expressing their opinions and analysis openly.
Mohamed Abdel Dayem, Committee to Protect Journalists program coordinator for the Middle East and North Africa, said “The exorbitant amount in damages indicates that the courts are being used again to settle political scores with critical journalists and to put critical publications out of business.” In its annual report released this month the Moroccan Association of Human rights concluded that the right to a fair trial was violated in all proceedings involving journalists in 2008. The group said “the judiciary has been used by the state to settle scores with journalists, to seek revenge and terrorize citizens.”
The papers plan to appeal the verdict. Defense attorney for the papers Hassan Semlali has stated that this decision was a “clear violation of the law.” Furthermore, Editor of Al-Jarida Al-Oula, Ali Anouzla, said the ruling would not prevent him or his colleagues from “doing their job” and thinks that the decision was politically motivated.
For more information, please see:
Al Jazeera- Papers Fined for Gaddafi Libel – 30 June 2009
Magharebia- Moroccan Newspapers Ordered to Pay in Kadhafi Defamation Suit– 30 June 2009
Al Arabiya- Moroccan Newspapers Fined for Insulting Gaddafi– 29 June 2009
Committee to Protect Journalists- In Qaddafi Case Court Hands Down Harsh Judgment– 29 June 2009
Reuters- Moroccan Papers Fined for Defaming Libya’s Gaddafi – 29 June 2009
