Aiming to narrow the visions with regard the new organic law of press and media and to provide fruitful suggestions for the media and press industry's legal framework, the
Center for the Studies if Islam and Democracy CSID organized a Workshop entitled Media and The Legal Framework Reform at Carthage Thalasso hotel in Gammarth on January 28, 2014. The workshop has gathered several personalities from various backgrounds: Judicial , press and media with many experts and members of the academia such as : Rashida Ennaifer, Member of the High Independent Authority for Audiovisual Communication, Lotfi Azzouz, Head of Amnesty International's Office in Tunisia, Hisham Snoussi, Member of the High Independent Authority for Audiovisual Communication and and Lotfi Hajji, Journalist in addition to a handful of bloggers and civil society activists.
Morning session:
Mr. Nabil Labassi, Lawyer and Head of the Citizen and Media Observatory welcomed the attendees and praised the important role of these forums in bringing up a fruitful suggestions and establishing a new code of press and media industry. Mr. Labassi also valued the legislations set for the media sector and the freedom of expression such as Circular 115 and Act 31 and 32 of the Constitution stressing the necessity of reviewing these legislations within the process of drafting the new press code including written press, which has not a legal framework yet. He questioned the neutrality of the media in reporting information to public opinion. In the same vein, Mr. Labassi added that the important role of the media requires the existence of a constitutional body that derives effectively its authority from the legislative framework.
Mrs. Rashida Ennaifer initiated her Intervention by thanking the audience and organizers of this workshop considering the importance of proposals and solutions that could be provided to give impetus for the constituent and legislative path for media sector. In the same context, she indicated that the Independent High Authority of Audiovisual Communication is a body that has cut with the old system that was monopolizing the media sector. She also talked about the 2014 Constitution, which came as a continuity to the provision of Decree 116 , but also raises the question about the real role of the and how far it could be considered as an independent constitutional body or whether they remain linked executively and financially to the government or the People's Representatives Assembly. Concerning the procedure of forming the commission, she suggested drawing a separation between the nomination and the electing parties. Mrs. Rashida Ennaifer concluded her intervention by talking about combining the Decree 116 and the provisions of the constitution in the drafting of the organic law governing the press and criticized the claims of fear of turning the HIIAC to a Ministry of Media while the commission decisions have always been based on flexibility and soft law.
Mr. Lotfi Azzouz, Head of Amnesty International in Tunisia Office pointed out that in spite of the low rank of Tunisia in the field of freedom of expression, still there is a significant legislative and institutional improvement such as Decree 116 and the institutional bodies established. On the other hand, he talked about the artists who suffered from the mobbing and restrictions imposed by the authorities under the claim of the breach of peace or disturbance. Mr. Lotfi Azzouz also criticized the continued reliance on some of these legislations, especially after the revolution, as many bloggers have been tried and accused of violating the institution of the military establishment on the basis of the same old legislations , which have been adapted to limit freedom of expression, such as the case of Yassin Ayari Sahbi Jouini and Hakim Ghanimi. Lotfi Azzouz also condemned the extension of the powers of the military judiciary that has taken part in tackling issues of freedom of expression , regardless of the party of litigation even though it was a civilian. The head of Amnesty International office in Tunis recalled the recommendations of the Human Rights Council final report of 2008, which called to cancel several penalties including imprisonment and decriminalization of defamation and criticism of official bodies, the army or the administration and use financial sanctions instead.
The intervention of Hisham Snoussi, member of the Independent High Authority of Audiovisual Communication focused on the fundamental principles to formulate the basic law of media. He emphasized the need to fight against monopoly during the organic law of press and media where most of the media facilities are entirely restricted to editorial line and orientations of certain interests or influential people.
At another point, Mr. Snoussi called for issuing legislations that control the equitable distribution of public advertisement based on certain criteria including transparency, fairness and respect for the organization of the sector laws such as the convention joint press law and the law on the freedom of audiovisual communication.
On another side, he raised the issue of the right of foreign ownership of media organizations limited approximately to 45% under the pretext of improving and encouraging the foreign investing in the media sector which is a point that should be banned in light of what happened in relation to the electoral campaigns and the institutions carrying foreign agendas.
At the end of his speech, the Representative of the High Independent Authority of Audiovisual Communication addressed the issue of the decentralization of media institutions, which are based on an area that does not exceed 15 percent of the total geographical area of the country urging the need for a reconsideration of the matter.
Mr. Lotfi Hajji presented his speech, which was entitled "Media and Human Rights in Tunisia; The Missing Link" talking about the close relationship between the media sector, human rights and international conventions from the perspective of the right of expression and the right of access to the information. He added that although the various legislation relating to the media scene, after the revolution, Tunisia has been suffering from a qualitative leap represented in the multiplicity of overlapping in the field as any political or economic analyst becomes quickly a media commentator or what is known as a "chronicler». This category, which swept the media landscape in Tunisia, has had a direct effect on guiding the public opinion and influencing it even with the adoption of fallacies.
Concerning the role of the media on the issue of terrorism, he emphasized that several media organizations are engaged in politicizing the issue and throwing accusations at other parties while these organizations were expected to carry out its investigations on the matter and join the National Security Force and the Army in their mission instead of broadcasting scenes that demotivate soldiers and exploit people's pain which is very far from the ultimate goal of the press .
While proposing solutions for this problem, Mr. Hajji called media owners and journalists to make a distinction between what is professional and what is political and to put significant issues before personal interests or political and financial bickering. He also called for the compliance with the international conventions regulate the media sector. Concluding his remarks concerning the repeated assaults on journalists, Mr. Hajji called to break with these practices, which are usually committed by the executive parties that are ,in fact, responsible to protect those people and fight against impunity
Mr. Mohammad Shoulaq, Director of the Palestinian News Agency in Tunisia and the Dean of the Arab Journalists, talked about the question of the plurality of exotic and actors in the media landscape in Tunisia. He said that people found themselves engaged and intervene in issues with no respect for the principles of the fair media. He mentioned also the lack of a specific legislative framework concerning print media.
For Mrs. Amina Zouari, Activist in civil society, talked about the freedom of information and how it was changed into a curse after the revolution under the abuses that have occurred against civilians and the pressures faced the constitutional bodies especially the H. I.A.A.C
In the same context, Mr. Oussama Sgaier, Member of the Assembly of the Representatives of the People stressed the absence of a genuine will to reform the media services and the urgent need for a new perception of the statute of the media sector.
Evening session:
The evening session focused on drawing some suggestions and recommendations. Participants were divided into two working groups according to following classification:
the first group constitutes the audiovisual media and the other group represents print and electronic media. After deliberations and formulation of ideas, the head of each group presented the following recommendations:
The Workshop audio-visual media and the reform of the legislative framework Recommended:
-The new law and the constitutional chapters on the freedom of expression must be respected in the meantime they should comply with international conventions as well as Decree 116.
-Drafting this law in accordance with the provisions of the upcoming chapter 49 of the constitution, which states that no prejudice to the laws essence of the rights and freedoms set out in turn by the constitution.
-Bills related to media should be put in the disposal of commons with the socialization of the public sector and the trade union in the debate.
-The right of access to information and media should be included in the law to ensure diversity and balance between them.
-The law should include provisions to prevent the monopoly of the media.
-The law should insist on cutting with all forms of pressure on the audiovisual scene without allowing any political actor or authority to establish a media organization.
-Ensuring the right to criticize the government or the decision-makers at all levels.
-Preventing political advertising.
Workshop electronic and print media and the reform of the legislative framework recommended:
-Establishing a reform for the academic curricula for the journalists.
-Issuing legislations that regulate the fair division of advertising in accordance with standards of competence and priority criteria.
-Fighting manipulation of businessmen funds
-Identifying the conditions for obtaining licenses for electronic magazines and newspapers by -limiting barriers to get a license to establish electronic media.
-Reviewing infrastructure and paper distribution channels for the press and magazines.
-Establishing a national written and electronic press council.
-Identifying the role of social networks as a way to broadcast information and legalize their use for journalists or the public.
-Issuing legislations that merge the classic press and media institution within the cyberspace.
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http://csid-tunisia.org
