Executive Regulations of the Law fo

On 29 October 2017, the Prime Minister issued Executive Regulations No. 2315 of 2017 (the “ER”)[1] of Law No. No. 92 of 2016 on the Institutional Regulation of the Press and Media (the “Law”).[2] The Law that was approved by Parliament in December 2016, governs the activities of the Supreme Council for Media Regulation (“SCMR” or the “Council”), to which it gives the duties of regulation of all means of visual, audio, and digital media, printed and digital press in Egypt. According to the Law, SCMR is dedicated to the protection of press and media freedom, and the rights of citizens to have access to independent free press up to standards of professionalism, and coverage that reaches all areas within Egypt. The Law further establishes a mechanism for the receiving of complaints related to published or broadcast work, and the manner for dealing with those complaints.

Background

In Egypt, the general activities of the media and the press are subject to a number of intricate laws, the older of which is Publications Law No. 20 of 1936, which governs the activities of journalistic publications in Egypt. The Publications Law contains rules that govern printing businesses and provide the controls under which they are allowed to practice. This includes requiring that all printing shops notify the governorate in which they are located prior to commencing operations. Furthermore, under Article 20 of the Publications Law, any newspaper business is required to send six print copies of their newspaper, signed by the editor in chief to the Ministry of Interior immediately after an issue is printed. Article 21 on the other hand allows the Ministry of Interior to ban foreign publications, and the Cabinet of Ministers to stop the circulation of publications that offend religion in a manner that could disrupt the public peace. In addition to the Publications Law, Press Law No. 96 of 1996 regulates the work of journalists and workers in media institutions, as well as press activities. It states that the freedom of expression is guaranteed, and prevents the shutting down of newspapers. This is all in addition to Article 65 in Egypt’s current Constitution which guarantees the freedom of thought and expression. In 2014, then Prime Minister Ibrahim Mahlab requested that 50 prominent media experts work on a new draft press law, and one was completed in September 2015. The draft included the formation of three supervisory bodies to regulate media outlets, and highlighted that the majority of employees within those bodies should be independently selected rather than chosen by the state. The 2015 draft also abolished jail sentences for journalists. However, this draft was ignored by parliament on its convention, and instead a group of parliamentarians drafted a separate law. It is noteworthy that under the 1958 Emergency Law, the government may legally monitor the press, and shut down establishments in the name of national security. Egypt is currently under a state of emergency, last extended in October 2017, according to which the provisions of the Emergency Law become applicable.

Law No. 92 of 2016 and its Executive Regulations

Law No. 92 of 2016 governs the three main institutions responsible for the regulation and organization of the media. It also repeals Chapter IV of Press Law No. 96 of 1996 and replaces it. This is the chapter which used to regulate the former Supreme Council of the Press, and the authority of the Shura Council in relation to press-related affairs. As for the competencies of the three regulatory bodies, the Law and the ER provide the following:

1. The Supreme Council for Media Regulation (“SCMR”)

SCMR is the regulatory body in charge of issuing licenses to newspapers and television channels (both private and state-owned). It receives complaints against the media, and approves requests by international media to operate in Egypt for a licensing fee that costs up to USD 5,500. The Council is also responsible for improving state-owned media, monitoring their financial flow, and creating a fund for developing journalistic institutions. It ensures that channels through which journalistic material is delivered to consumers are reliable and trustworthy, the protection of consumer rights, and provides training for employees in state-owned media enterprises. SCMR also ensures that there are no biases or inaccuracies, that information published by state-owned media is neutral, and that they do not infringe on the private lives of citizens, children’s rights, or the rights of the disabled.

2. The National Commission for the Media (“NCM”)

NCM replaces the Television and Radio Union. It is responsible for administrating state-run radio and TV, including appointing directors and managing budgets. NCM publishes an annual report containing its activities and suggestions, which it communicates to the President and the House of Representatives.

3. The National Commission for the Press (“NCP”)

NCP administers state-run print media and oversees its development. This includes supporting the technical modernization of the press, developing the infrastructure of press organizations, and encouraging openness to global press experiences. The Head of NCP may not be an owner or shareholder in any media or press organization. NCP appoints the heads of national press institutions and editors of publications. It also conducts periodical evaluations of all departments and publications of journalistic institutions, and establishes a fund for the enabling of press institutions. NCP also publishes an annual detailed report on its efforts and activities.

Conclusion

The legal framework for press and media regulation in Egypt is notably complicated. This is due to there being a number of laws in force that seem to regulate the same activities, and institutions. Nevertheless, these laws are not sufficiently comprehensive in that they often do not deal with all relevant aspects of the media and press, but rather they are passed with slight gaps that are assumed to be filled through future laws. In addition, the most recent Law and its Executive Regulations grant sweeping powers to the three newly established bodies with significant control over the media in Egypt. Whereas all of this leads to deeper state-control over the field, it still does not provide the necessary tools for the actual improvement of the efficiency and professionalism of the media in Egypt.   [1] Prime Minister Decree No. 2315/2017 enacting the Executive Regulations of Law No. No. 92/2016 on the Institutional Regulation of the Press and Media, Official Gazette, Issue No. 43 (bis) (b), 29 October 2017. [2] Law No. 92/2016 on the Institutional Regulation of the Press and Media, Official Gazette, Issue No. 51 (bis), 24 December 2016.