New Media Laws

On 27 August 2018, Law No. 180 of 2018 Regulating Journalism and Media and Establishing the Supreme Council for Media Regulation was issued (the “Media Law” or the “Law”).[1] The Law jointly stipulates the scope of work of media personnel and establishes the Supreme Media Council (“SMC” or the “Council”). The Council is designated as regulator, supervisor, investigator, and sanction-imposing entity. In comparison to past media laws, the SMC’s powers have been expanded. Among the most prominent provisions of the new Law is the expansion in definition of what constitutes a media outlet to include digital content. Personal social media pages with 5,000 followers or more will now be held to standards of liability similar to public news outlets, and the Law allows more space for the Council to impose imprisonment as a sanction to the violation of its provisions. At the same time, the role of press syndicates has been diminished.

Background

Prior to the issuance of the new Media Law, three main texts governed press regulation in Egypt: Law No. 92 of 2016, which regulated the last Supreme Council of Media, and Law No. 96 of 1996 which regulated the work of journalists. At the time it was issued, the 2016 law annulled Law No. 13 of 1979 on the Radio and Television Union, and Chapter IV of the 1996 Journalists’ law, leaving the regulation of the profession of journalists to the remaining provisions of said law. In parallel to the new Media Law, Law No. 178 of 2018 establishing the National Media Authority (“NMA” or the “Authority”)[2] was issued on 27 August 2018. With very few exceptions relating to the number of board members and a rule regarding conflict of interests, the provisions of the NMA Law are very similar to Chapter IV of the 2016 law establishing the National Media Authority. The Media Law states that its executive regulations will be issued by the Prime Minister within three months after consulting SMC, the National Media Authority, and the National Journalism Authority, as well as both the Media and the Journalists’ Syndicates. Since an NMA law was issued, this could be an indication that a law might be in the works to organize the National Authority of Journalism.

Scope

Under the provisions of the new Media Law, SMC regulates audible, visual, and digital media, and journalism in its printed and digital forms.  The Law governs both public and private media outlets. As for the National Media Authority, under Article (2) of its establishing law, it regulates the work of publicly owned media outlets. In addition to an apparent expansion in definitions, the drafting language of the Media Law leaves vague terms subject to interpretation or misinterpretation. For example, Article (5) prohibits the issuance, licensing, and practicing of the activity of any media outlet that is based on religious discrimination, or which “practices activities against the principles of democracy”. The consequences of such violations could extend to imprisonment under Article (29) of the Law.

Printed and Digital Media Outlets

Under Article (1) of the Media Law, a newspaper is defined as “any publication, printed or digital, broadcasted periodically by an Egyptian company or individual, whether public or private”. The same article defines media outlets as “any audible, visual, or digital broadcast that is communicated to an audience using visuals, sound, illustrations, or writing - that is not a private communication - through any means whether wired, wireless, digital or other means of modern technology, or form of broadcast/transformation through radio, television, or electronically, whether published by an individual or legal, public, or private person”. The Law restricts the creation of websites without first acquiring an approval from SMC. SMC has the power to take disciplinary measures against digital content outlets including blocking the website and/or personal page, and those concerned may appeal SMC decisions before the Administrative Courts.

The Supreme Media Council

The SMC is defined as an entity with legal and financial independence. The SMC board is comprised of 13 members as opposed to nine previously. In addition to a Chairman that is appointed by the President, the board is comprised of:

• A State Council representative.
• Chairman of the Egyptian Competition Authority.
• An NTRA representative.
• A public figure to be elected by the President.
• A public figure to be elected by the House of Representatives.
• A representative from the Journalists’ Syndicate.
• A representative from the Media Syndicate.
• A media academic to be elected by the Supreme Council of Higher Education.

The above entities have three months to refer double the number of potential representatives to the President who then issues a presidential decree with the formation of the Council. Board decisions are reached through a majority vote. In case of a tie, the Chairman of the Council has a casting vote. Council members are prohibited from being owners or shareholders in any media outlet.

Establishing a Private Media Outlet

Media outlets are required to take the legal form of a joint stock company. To establish a newspaper or broadcasting outlet, a deposit – ranging from EGP 6 million for printed press to EGP 100, 000 for news websites – must be deposited at a bank that is licensed by the CBE one year prior to the date of launch. The ownership of more than seven media outlets is prohibited, and only one variety channel can be among these outlets, as well as one news channel.

Sanctions

Up until the ratification of the new Media Law, the Journalists’ Syndicate had the sole right to impose disciplinary sanctions on journalists.[3] This shifted to the hands of the [repealed] Supreme Council for Media Regulation under Law No. 92 of 2016. Under the new Media Law, SMC has the right to impose sanctions on media entities according to its discretion. The Law also widened the sanctioning scope to include members of the Journalist and Media Syndicates that are found to be in violation of their respective codes. The Council notifies the relevant syndicate of the violation which then has to impose disciplinary measures against the perpetrator. Article (19) extends the sanction imposed by the Council of blocking websites to include private personal virtual accounts. It prohibits media outlets from broadcasting false news, hate speech, encouraging acts against the law, discrimination, and racism, ideas against religions or beliefs. The Law assigns the same liability to private persons with virtual followers that exceed 5,000 and grants the Council the right to impose the same sanctions accordingly.

Conclusion

The new Media Law introduces the digital medium as a media outlet, which the previous law did not address. However, diminishing the role of the syndicates in favour of that of the Supreme Council is concerning, as it bestows upon employees of the Council enforcement authorities derived from the Ministry of Justice. While syndicates act as mediators between journalists/ media professionals and their employers in cases of dispute, the law effectively entitles the SMC to instruct the syndicates to carry out disciplinary measures against their members. Lastly, the Law falls short of having enough board members who practice journalism and/or media as their main profession.   [1] Law No. 180/2018 Regulating Journalism, Media and the Supreme Media Council, Official Gazette, Issue No. 34 (bis) (h), 27 August 2018 [2] Law No. 178/2018 on the National Media Authority, Issue No. 34 (bis) (c), 27 August 2018 [3] Law No. 96/1996 Regulating Journalism, Official Gazette, Issue No. 25 (bis) (a), 30 June 1996.