Agadir 24 | Agadir24/UAE
Mr. Hassan Farhan, Head of the Press Cases Unit at the Head of the Public Prosecution, confirmed today, Wednesday, November 13, 2024, that the law precisely defines the scope of the practice of journalism that provides it with legal protection, explaining in return that “all digital publications that do not meet the conditions of electronic journalism, according to the form Which is determined by the Press and Publication Law, it falls outside the scope of application of this law and is subject to the provisions of the Criminal Code whenever those publications include acts that fall under the penalty of this law.”
In an exclusive interview with Channel 2 Radio (Dozim), Mr. Farhan highlighted that “the debate raised by some regarding the trial of some journalists under the Criminal Code should be clarified and its legal restrictions highlighted,” adding that “freedom of the press is guaranteed under Chapter 28 of the Constitution, which prohibits any restrictions on it.” Except for what the law stipulates, the practice of journalistic work should be carried out in accordance with the controls and conditions set by Law 13.88 relating to the press and publishing.”
The spokesman explained that “judicial work, whether in the trial courts or at the level of the Court of Cassation, has always considered that what is published on social networking sites and open spaces falls within the framework of personal publishing, which is subject to the provisions of the Criminal Code whenever it includes acts criminalized under this law, and it cannot be Under no circumstances shall the provisions of the Press and Publication Law apply to him as long as he does not meet the conditions stipulated in this law.”
Mr. Farhan added, “Freedom of expression is interpreted by some social media users to mean doing what you want!” Here we see, unfortunately, that some accounts and pages have become a space and a means for defaming people, insulting people, and slandering them with the most horrific epithets and obscene descriptions.”
The spokesman stressed, within the framework of the communication approach adopted by the Public Prosecution, “that the debate regarding the boundaries separating the practice of journalism that is required and protected procedurally and legally, and expression on social media sites, is neither new nor current, but rather there are many judicial precedents in it at various levels of litigation.”
The same official concluded his speech by saying, “Interaction with public opinion is part of an integrated strategy that the Public Prosecution Office has adopted since its establishment by being open to the media on every occasion. It deems it necessary to clarify some matters and convey the truth to the citizen, within the framework of his right to obtain information in order to avoid rumors and news.” “Fake.”
In the same context, he stressed that “the issue of Public Prosecution communication has become a regulated issue in accordance with the law, which stipulates the creation of a spokesman for the Public Prosecution whose mission is to communicate with the media to enlighten public opinion.”
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**Interview with Mr. Hassan Farhan, Head of the Press Cases Unit**
**Interviewer:** Good evening, Mr. Farhan, and thank you for joining us. You recently discussed the legal scope of journalism in light of the Press and Publication Law. Can you elaborate on what constitutes “electronic journalism” under this law?
**Mr. Farhan:** Good evening, and thank you for having me. The Press and Publication Law clearly delineates what qualifies as electronic journalism. It requires that digital publications adhere to specific conditions, including authorization and ethical standards. If a publication does not meet these criteria, it falls outside the law’s protections and is therefore open to prosecution under the Criminal Code if it engages in unlawful activities.
**Interviewer:** That’s a crucial distinction. There has been a lot of discussion around the prosecution of journalists under the Criminal Code. How do you respond to those concerns?
**Mr. Farhan:** It’s important to clarify that the legal framework is designed to protect journalistic freedom while also ensuring accountability. Chapter 28 of the Constitution guarantees press freedom, but it also mandates that journalistic activity must comply with established legal requirements. This is where the debate often arises, as some might blur the lines between protected journalistic practices and unlawful actions.
**Interviewer:** You mentioned the role of social media in your recent comments. How do you see the difference between traditional journalism and personal publishing on platforms like social media?
**Mr. Farhan:** That’s an important point. Publications made on social networking sites are categorized as personal publishing. While individuals have the right to express their opinions, this does not exempt them from legal scrutiny. If these personal publications contain defamatory content or incite violence or hatred, they can still be subject to legal action under the Criminal Code.
**Interviewer:** It seems like a balancing act between protecting freedom of expression and maintaining legal accountability. What advice would you give to budding journalists navigating this landscape?
**Mr. Farhan:** My advice would be to familiarize themselves with the laws governing journalism and adhere to ethical standards. Understanding the legal obligations and protections available to them is crucial. By doing so, they can engage in their work confidently while minimizing the risk of legal repercussions.
**Interviewer:** Thank you, Mr. Farhan, for your insights today. It’s clear that while the right to free expression is fundamental, it comes with responsibilities that must not be overlooked.
**Mr. Farhan:** Thank you for the opportunity to discuss these important issues.
