Court ruling on news websites threatens press freedom- Future of Electronic Media at stake

By Hani Hazaimeh

AMMAN— Electronic media editors and activists on Thursday said the recent Cassation Court's decision to subject news websites and electronic media to the Press and Publications Law will curb internet freedom.
Meanwhile, the government said that a team of legal consultants is currently drawing up guidelines for dealing with electronic media, which will be announced soon.
"The court's decision has set a precedent and must be respected as it requires all parties to live up to their responsibilities and the government in that regard will do its part," Minister of State for Media Affairs and Communications Nabil Sharif told The Jordan Times on Thursday, adding that the Jordanian judiciary acts independently from any influence from outside parties.
He added that once the mechanism is worked out, its will be jointly discussed between Sharif, the Minister of Justice and other senior officials in the public media sector in order to be endorsed by the government through proper channels.
His remarks came in response to criticism from media activists and workers in the field of electronic journalism.
"The court’s decision, issued last week but published only today [Wednesday], empowers authorities to prosecute or impose fines on journalists, bloggers and editors for publishing online material that may be deemed offensive or imply criticism of the government, national unity or the economy," ARTICLE 19 said in a press release issued on its website on Wednesday.
The independent human rights organisation said the Internet has provided an important forum for debate and criticism in Jordan today, especially in light of "existing restrictions on the print media under this same Press and Publications Law".
The NGO noted that a number of prominent journalists from print newspapers have turned to the Internet, where they have enjoyed more freedom to share critical opinions.
"There are around 30 news websites that enjoy wide popularity in the Kingdom, in addition to hundreds of active bloggers. The government has threatened several times in recent years to restrict online content and control material published on the Internet, but has faced fierce opposition," said ARTICLE 19.
“ARTICLE 19 is concerned that the extension of the Press and Publications Law will lead to wide self-censorship among the online media, especially as individual writers and commentators seek to avoid heavy fines or criminal prosecution,” Agnès Callamard, ARTICLE 19 Executive Director said.

Meanwhile, Saeda Kilani, Director of ARTICLE 19 Jordan, told The Jordan Times yesterday that any step by the authorities to extend the Press and Publication Law to the electronic media will be regressive, adding that press freedom activists have recently called on the government to amend the law in question.
The decision, which was handed down by the Court of First Instance and later confirmed by the Court of Appeals, was challenged in the Court of Cassation based on a written order from the Minister of Justice, who has the jurisdiction under the law to challenge the decisions of courts of first and second degree, Jordan Bar Association (JBA) council member Ahmad Ghannam told The Jordan Times.
"Although the court's decision does not have the power of a law, it may be referred to by lower courts when considering similar cases. However, it is possible that another judicial body at the Cassation Court may take a different decision in a similar case and decide that news websites are not subject to the Press and Publications Law," Ghannam added.
"If that’s the case, the President of the Judicial Council who is also President of the Higher Court of Justice would order the formation of a plenary body composed of nine senior judges of the Court of Cassation in order to take a decision, which will have the force of law," said the lawyer.
Jordan Transparency Forum (JTF) President Bassem Sakkijha said subjecting news websites and electronic newspapers to the Press and Publications Law is "dangerous".
He added that the court's decision is a green light for the authorities to impose more restraints on the freedom of the press, adding that the Press and Publications Law requires all news outlets to register at the Press and Publications Department (PPD) and including websites under the law would require them to do so as well.
"Electronic media is the other face of the print media coin. And many journalists write for this kind of media because of the freedom it enjoys compared to print media," Sakkijha, the owner and Editor-in-Chief of Al Weibdeh Magazine, which also has a website, said.
"The word 'means of publication' mentioned in the Press and Publications Law can potentially include all means of disseminating news including SMSs," Sakkijha said, adding that the Kingdom is taking an unprecedented step by including electronic media under the law's umbrella.
For his part, CEO of Khaberni.com Ghaith Adayleh told The Jordan Times that any measures by the PPD regarding news websites will be harmful to the freedom of expression and press freedom.
"There are many news websites that abide by the ethics of the profession and relevant laws and are registered at the Ministry of Industry and Trade as companies. The new decision will require us as well as hundreds of other websites to register at the PPD," Adayleh said, adding that this step will lead many websites to shut down.
"If what the government is doing aims to curb the electronic media, this will lead many journalists as well as citizens to post their opinions and comments on international media websites like Google, Facebook and Twitter. Will they be able to shut down these websites?" Adayleh asked.