FOTP 2013 Full Report

freedom opened considerably under the transitional government, which released jailedjournalists, bloggers, and activists and passed a number of measures to promote press freedomduring its first year in office. In 2012, however, both government and opposition forces exertedincreased pressure on news content, and journalists faced an uptick in violence.The ANC continued working on a new constitution in 2012. However, proposed clausesthat make exceptions to freedom of expression on the grounds of morality and decency could beused to censor free speech or media content. The assembly is considering whether a higherreligious council will be involved in interpreting laws, a mechanism that could also be used tocurb press freedom. There is a genuine concern that the constitution will articulate media rules inrigid and excessive detail rather than guaranteeing broad rights to freedom of opinion,expression, and the press. On a positive note, in October 2012 the government dropped acontroversial clause outlawing blasphemy from the draft constitution, and the ANC announcedthat defamation would not be criminalized. Nevertheless, defamation cases continued to be filedagainst members of the press during the year. In February, journalist Ghazi Mabrouk wascharged with “defamation and publishing false news” for an article that revealed poor workingconditions in a clothing factory. He faced up to two years in prison if convicted. Also that month,the director of two daily newspapers, Abdel Aziz al-Jaridi, was sentenced to four months in jailfollowing his June 2011 conviction for defaming a news anchor with Qatar’s Al-Jazeeratelevision network.In November 2011, the transitional government passed Decrees 115 and 116, which wereintended to replace the restrictive 1975 press code and create an independent audiovisualregulatory authority. The new press code enabled journalists to freely access information andremoved a requirement for prior authorization from the Interior Ministry for the publication ofcertain stories. The code also included a reduction in the protections and privileges enjoyed bypublic authorities, including those related to defamation and information pertaining to statesecurity. After a significant delay, the government announced that it would begin implementationof the new regulatory framework in October 2012, though the independent audiovisualregulatory authority had not been launched by year’s end. While the 2011 decrees are widelyregarded as a step toward increased press freedom, the ambiguity of the language still posespotential risks to the work of journalists and media outlets. The National Authority to ReformInformation and Communication (INRIC), a body created to overhaul the media sector followingthe revolution, ended its work in July 2012, citing the government’s engagement in censorshipand its disregard for the authority’s recommendations. Another reason for the INRIC’s closurewas the government’s slowness to implement Decrees 115 and 116. Separately, newlyestablished media outlets are able to begin work quickly, as the registration process has beenexpedited considerably. Press freedom groups and journalists alike are able to operate moreopenly in the new environment.The judiciary functions with legal uncertainty regarding press freedom, enforcing boththe new press code established under Decree 115 and the repressive Ben Ali–era penal code.Some observers have expressed concern that the judiciary will be used to harass and intimidatejournalists, who continue to face legal action for allegedly offending Islamic morals andcommitting acts of indecency. In February 2012, the publisher of the Arabic-language dailyAttounissia, Nasreddine Ben Saida, became the first media executive to be jailed in the post–BenAli era following the paper’s publication of a photograph of a scantily clad model. He wasreleased after seven days and fined approximately $650. In May, Nabil Karoui, director of theprivate station Nessma TV, was fined $1,500 after the channel broadcast the Franco-Iranian377