egypt-final-presidential-elections-2012

The Carter Center
The Media Environment and
Access to the Electoral Process
Media plays a pivotal role in the electoral
process. In Egypt, it is a main source of
information for electoral stakeholders and
one of the main tools of campaigning. Although The
Carter Center was not able to conduct a comprehensive
media-monitoring effort, the following are limited
observations on the relevant laws, regulations, and
their implementation within election polling centers.
Media Freedom: Freedom of expression, along
with freedom of the press, is guaranteed in Egypt’s
Constitutional Declaration. 121 At the same time,
however, there are a number of legal provisions in
place to regulate the media. Together with Egypt’s
Emergency Law, 122 which was effective until May
31, 2012, and with the repressive Ministry of Justice
Decision No. 4991, enacted shortly before the second
round of the election and only invalidated by a court
after the election, these provisions curb, or have the
potential to curb, media freedoms. 123 Reported steps
to intimidate members of the media are troubling, run
counter to international practice, and should be rectified
by Egyptian authorities in any future elections. 124
Since the January 2011 uprising, strict, systematic,
government oversight of the media has appeared to
loosen to some extent, but many red lines still remain
with regard to what the media can freely convey to
the public. Along with activists, both professional
and citizen journalists have faced interrogation,
and in some cases, military trials, for criticizing the
SCAF and its management of the transition. In other
instances, satellite television licenses have been
suspended for related reasons. 125 Media freedom is a
precondition for a functioning democracy as well as
free and fair elections. 126 The Carter Center urges
Egypt’s lawmakers to ensure the laws in place safeguard
media freedom in the future.
The Media in Egypt in 2012: Despite the restrictions
outlined, Egypt has a relatively vibrant and
diverse mass communications media comprised of
state, party, and independent media, which played a
significant role in scrutinizing the candidates as well
as the aspects of the electoral process to which they
had access. Granting media unrestricted access to all
phases of the election is an important measure for
ensuring transparency of the process. Articles 30 and
38 of the Law Regulating the Presidential Election
grant the media access to the polling, counting, and
tabulation processes 127 at the polling-station level as
well as to the vote aggregation and the announcement
of results for each candidate at the district
general-committee level.
Unnecessary limitations on media access to the
electoral process remain, however. PEC Decision
No. 16 issued on May 2, 2012, articulated the rules
for media access. In accordance with PEC Decision
121 Articles 12 and 13, Constitutional Declaration of March 30, 2011
122 The Emergency Law was modified in January 2012 but still allowed
journalists to be subjected to punishment, including imprisonment, for the
vaguely defined crime of “thuggery.”
123 In Egypt, there are a number of legal provisions that govern
media that are often overlapping and contradictory. They include the
Constitutional Declaration, the press legislation, the press code of
conduct, the broadcast code of conduct, penal codes, and the Emergency
Law. In addition, the Higher Council of the Press, the Journalist
Syndicate, the Egyptian Radio and Television union, the Ministry of
Information, and the courts regulate and oversee different aspects of
the media.
124 AU, Declaration on Principles on Freedom of Expression in Africa,
Article 11.1-2
125 http://www.hrw.org/news/2012/02/11/egypt-year-attacks-freeexpression
126 U.N., United Nations Human Rights Committee, General Comment
25 on “The Right to Participate in Public Affairs, Voting Rights and the
Right to Equal Access to Public Service,” para. 25.
127 See, for example, Norwegian Helsinki Committee, “Election
Observation” in Manual on Human Rights Monitoring: An Introduction
for Human Rights Field Officers, p. 15: “The media should be assured by
the government of: 1) the right to gather and report objective information
without intimidation; and 2) no arbitrary or discriminatory obstruction or
censorship of campaign messages.”
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