Introduction to Media Law

• Media Laws are addressed in this lecture from Dr. Sara Sherif, a lecturer in the Journalism Department at Cairo University.

Definition of Law

• Law consists of general rules and regulations that govern people's interactions within society, overseen by the state.
• Laws are binding rules regulating interactions of individuals within society and the manner in which these interactions are conducted.
• Law is a set of rules regulating individual behavior in a binding manner, and is enforced by public authorities, if necessary.

Collective Definition of Law

• Law is a set of rules that regulate social ties and require individuals to face a penalty if violated, imposed by public authority.
• The law has four basic characteristics.
• The law is a set of rules.
• These rules regulate the behavior of individuals in society.
• Law is imposed by public authority.
• The state obligates individuals to follow these rules and imposes a penalty if violated.

Definition of Media Law

• Media law is the legal and legislative structure for the press or media that serves as constitutional guidelines for how the media works and operates.
• The legal structure governs the press based on social needs and economic possibilities to serve public interest and freedom of speech.
• Press legislation has general controls that determine the behavior of those working in media ahead of time and regulates relationships that arise from it.
• Legal rules of media come from constitutions related to the freedom of press and media.
• Legal rules of the media come from penal laws on penalties for publishing crimes.
• Legal rules of the media come from press, publications, and media laws.
• Legal rules of the media come from laws of unions, federations, and professional associations related to the press and media.
• Legal rules of the media come from codes of professional ethics, journalistic codes of honor, and professional codes.

The Egyptian Constitution

• The Constitution defines the basic rules for the state's form and system of government.
• The Constitution regulates the public authorities in terms of composition, jurisdiction, the relations between authorities, and each authority's limits.
• The Constitution outlines individuals' and groups' duties and basic rights, and protects them towards the authority.
• The three areas of authority are the executive, legislative and judicial authorities.
• The press is considered to be the fourth authority.
• The existing Egyptian constitution was issued in 2014, and amended in 2019.
• The Egyptian constitution issued in 2014 stipulates in Chapter Three the rights, freedoms and public duties of citizens: in Articles 51 to 93

Human dignity and citizen rights

• Human dignity must be respected and protected.
• Torture is prohibited in all forms.
• Equality among citizens in rights, freedoms and public duties.
• There shall be no discrimination between citizens on the basis of religion, color, race, language or social status.
• Personal freedom and the citizen's right to protection from arbitrary arrest or search, preservation of his dignity in detention and to be represented by a lawyer.

Sanctity of private life

• Electronic and telecommunications conversations and other correspondence are protected and cannot be monitored except by judicial order.
• Homes may not be entered or searched except by judicial order.
• The citizen's security and the sanctity of his body is protected.
• Freedom of movement and residence and rejection of forced displacement.

Freedom of belief and thought

• Freedom to beleive and practice religious rituals.
• Freedom of thought, opinion and expression of opinion by speech, writing, photography or any means of publication.
• Freedom of artistic and literary creativity and freedom of scientific research.

Freedom of the press and media

• The right to access and disclose information, data, statistics and official documents.
• Protection of intellectual property rights.
• The journalist's right to obtain information and freely circulate it.
• Freedom of the press, printing, and paper, visual, audio and electronic publishing.
• The right to own and issue newspapers and establish visual, audio and digital media.
• Independence of the media, prohibition of imposing censorship on newspapers and media outlets or confiscating, suspending or closing them.
• No penalty depriving freedom may be imposed for crimes committed by publication or publicity, except for the crime of incitement to violence or discrimination between citizens or defamation of individuals. (Articles 70&71).
• Independence of state-owned press institutions and media outlets.

Social rights

• The citizen's right to organize public and private meetings.
• The citizen can demonstrate peacefully and form parties, associations, civil institutions, and unions.
• There is a right to adequate housing, water and healthy food.
• The rights of children, people with disabilities, youth and the elderly should be protected.
• Practicing sports is a right for all.

Political and civil rights

• The right to address public authorities, defend the homeland and compulsory military service.
• The citizen can participate in public life and vote and run for office.
• The interests and rights of Egyptians abroad should be protected.

Human rights and public freedoms

• Slavery, human trafficking and human exploitation should be prohibited.
• The right of political asylum for foreigners.
• The state is committed to international human rights agreements and charters.

Three Main Articles In The Egyptian Constitution Concerned with Media Regulatory Bodies

• Article No. 211 - The Supreme Media Regulation Council: responsible for regulating the affairs of audio and visual media, print and digital journalism, and all forms of media in Egypt.
• Article No. 212 - The National Press Authority: responsible for organizing and managing state-owned (governmental) press institutions.
• Article No. 213 - The National Media Authority: responsible for organizing and managing state-owned (governmental) visual and audio (radio&TV) media institutions.