Monday, August 5, 2013

LEGAL ANALYSIS-Somalia: Draft Media Law


In this analysis, ARTICLE 19 examines the draft Media Law of Somalia which was passed by the Council of Ministers on 11 July 2013 (Draft Law).  




In this analysis, ARTICLE 19 examines the draft Media Law of Somalia which was passed by the Council of Ministers on 11 July 2013 (Draft Law).

The analysis is aimed at informing the work of the Technical Expert Committee on Re-drafting the Somali Media Law, set up by the Deputy Minister of Information, Abdishakur Ali Mire, following the international criticism of the Draft Law.

ARTICLE 19 finds that the Draft Law clearly violates international human rights law on freedom of expression, particularly Article 19 of the International Covenant on Civil and Political Rights, and Article 9 of the African Charter on Human and Peoples' Rights. Although the Draft Law has some positive aspects, such as the proclamation on media freedom and safeguards for transparency of media ownership, it reinforces the state control over the media by allowing censorship of state media, giving powers to the Ministry of Information to authorise private media and requiring permission for the operation of foreign media. Moreover, the Draft Law contains blank and vague prohibitions on expressions like “harming the country, the people or the religion.” Last but not least, it sets out a media regulator, the National Media Council, which is not independent.

ARTICLE 19 hopes that the Technical Expert Committee will incorporate these suggestions into the revised version of the Draft Law. We call on the Federal Government to support this process and make sure that any further drafts of the law are fully in compliance with international freedom of expression standards. We also encourage civil society organisations and media in Somalia and beyond to continue their campaign to persuade the Somali federal government and legislature to adopt the media law in line with international standards on media freedom and freedom of expression.

To read full report click here:  http://www.article19.org/data/files/medialibrary/37192/Somalia-analysis-Final-July-2013-proofed.pdf

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