The Media Honour Code

On 20 December 2017, an “Honour Code” as well as a “Professional Code of Conduct” were published in the Egyptian Gazette after a decision by the Syndicate of Media Personnel (“Media Syndicate”).[1] The Honour Code is compulsory on individuals licensed to work in the audio-visual broadcasting sector (including online platforms). It lists a number of rights and duties, the violation of which may trigger severe administrative sanctions that reach up to dismissal from the Media Syndicate, effectively depriving such individual from working in the sector. Background Adopting the Honour Code is in accordance with Decree No. 573 of 2017 issued by the Prime Minister,[2] as well as Law No. 93 of 2016 (the “Media Syndicate Law”),[3] which required in its issuance articles the formation of a temporary “establishment committee” that would function until an elected board of directors take over. The Media Syndicate Law mandated the establishment committee with issuing the first media honour code, which would regulate the industry temporarily, until the first general assembly meeting is held, at which point the Code will need to be either approved, amended or replaced. The Media Syndicate Law states that media personnel in Egypt are to respect the Code and act according to its provisions. The Honour Code is the most recent development in a series of legislative and regulatory updates that have significantly impacted the legal framework of the media sector. The November 2017 Issue of the Egypt Legal Update analysed Executive Regulations No. 2315 of 2017 for Law No. 92 of 2016 on the Institutional Regulation of the Press and the Media. The Law was approved by Parliament in December 2016, and aims to organize and govern the activities of the Supreme Council for Media Regulation ("SCMR"). The SCMR is responsible for regulating all forms of media (including digital, audio, visual, and printed) as well as guaranteeing press and media freedom and protecting their consumers' rights.

Rights and Duties Under the Code

The scope of the Honour Code covers personnel working in all forms of audio-visual media, including relevant online platforms. It states that the Media Syndicate is the primary entity responsible for defending and protecting the rights of its members. It outlines a number of broad basic principles to guide the work of media personnel, such as “responsible freedom”, respect of local culture and official religions. It then lists several duties of any media personnel, including:

1. Distinguishing clearly between promotional/advertising material and media material.
2. Refusing to receive gifts (or anything else) if it may affect the performance of a media personnel’s responsibility.
3. Respecting intellectual property rights.
4. Commitment to the right of response and correction.
5. Not commenting on issues being considered by courts, and not commenting on judicial decisions.
6. Not to broadcast any new related to the Egyptian army and police unless it is from their official sources.

In addition to its relevance to business working in the broadcasting sector, the Honour Code also includes a list of rights for media personnel, some of which may have an effect on the private sector, such as the right of access to sources and the right to receive information, and the right to maintain the secrecy of sources in issues not affecting national security. The “Professional Code of Conduct”, part of the Code of Honour, also includes a relevant provision, which requires separation between ownership, management and editorial mandates in a media entity, as a guarantee of independence.

Consequences of Violation

Although the Honour Code itself does not contain a provision on the consequences of violations, the Media Syndicates Law illustrates a number of administrative sanctions that may be imposed. The Media Syndicate Law stipulates in Article 5 that adhering to the Honour Code is compulsory for all members of the Media Syndicate, and that violation of the Code may trigger administrative sanctions. Specific sanctions listed in Article 82 include warning, denial of Syndicates’ services, a two-year ban on the license, as well as removal from the Syndicate’s membership, depriving him/her of the right to work as a media personnel.

Conclusion

Whereas the 'Honour Code' underlines a number of rights for media personnel, it also includes a number of restrictions that have been drafted in a vague manner, which may potentially affect the ability of businesses in the media to manoeuvre it correctly. It must be noted, however, that this Code is a temporary document that must be approved, amended, or replaced when the general assembly of the Media Syndicate convenes.   [1] Media Syndicate Decision No. 17/2017 issuing the Media Honour Code and the Professional Code of Conduct, Egyptian Gazette, Issue No. 287 (cont.), 20 December 2017 [2] Prime Minister’s Decree 573/2017 forming a temporary committee that would take charge of the procedures of establishing the Media Syndicate in accordance with Law No. 93/2016 on establishing the Media Syndicate, Egyptian Gazette, Issue No. 9 (bis) (b), 7 March 2017. [3] Law No. 93/2016 Establishing the Media Syndicate, Official Gazette, Issue No. 52 (bis) (a), 1 January 2017.