Media Laws and Regulations

• Media Laws
• Presented by Dr. Sara Sherif, Lecturer at the Journalism Department, Cairo University

Definition of Law

• A set of general rules and regulations that govern people's interactions in society
• Regulated by the state
• A set of binding rules that dictate the relationships of individuals within society
• Regulates behavior in a binding manner, enforced by public authority, even by force if needed

Collective Definition of Law

• Law regulates social ties and enforces penalties for violations by public authority
• Four basic characteristics of law:
  • It is a set of rules
  • These rules regulate behavior in society
  • It is imposed by public authority
  • The state obligates individuals to these rules and links violations to a penalty

Definition of Media Law – Media Regulations

• Legal and legislative framework for press/media
• Set of constitutional guidelines for the media to regulate work/operations
• The legal framework regulates press work
  • Based on social needs and economic capabilities
  • Serves the public interest and freedom of expression
• Press legislation has a set of legal rules setting controls
  • Determines the behavior for individuals working in media/press
  • Regulates relationships that may arise between them

Legal Rules of Media

• Texts in constitutions related to freedom of the press and media
• Penal laws regarding publishing crimes
• Press, publications and media laws
• Laws of unions, federations and professional associations(press and media)
• Codes of professional ethics, journalistic codes of honor, professional codes

The Egyptian Constitution

• Supreme law that defines basic rules:
  • Form of the state
  • System of government
• Regulates public authorities' composition and jurisdiction
• Defines limits of each authority
• Defines basic rights of individuals/groups
• Establishes guarantees for citizens towards the authority
• Three authorities: executive, legislative and judicial.
  • The press is known as the fourth authority
• The current Egyptian constitution:
  • Issued in 2014
  • Amendments in 2019

Stipulations of the Egyptian constitution (2014) in Chapter Three (Articles 51-93)

• Rights and public duties of citizens
• Human dignity and citizen rights:
  • Respect and protection of human dignity
  • Prohibition of torture in all forms
  • Equality in rights and public duties among citizens
  • No discrimination based on religion, color, race, language, or social status
  • Personal freedom and protection from arbitrary arrest/search
  • Preservation of dignity in detention
  • Citizen's right to be represented by a lawyer

Sanctity of Private Life

• Protection of correspondence, phone, and electronic conversations
  • Monitoring prohibited except by judicial order
• Sanctity of homes
  • Entry/search prohibited except by judicial order
• Protection of citizen's security and body
• Freedom of movement/residence; rejection of forced displacement

Freedom of belief and thought

• Freedom to believe and practice religious rituals
• Freedom of thought, opinion, and expression via speech, writing, photography, or publication
• Freedom of artistic/literary creativity and scientific research

Freedom of the press and media

• Right to access and disclose information, data, statistics, official documents
• Protection of intellectual property rights
• Journalist's right to obtain and freely circulate information
• Freedom of the press, printing, paper, visual, audio, and electronic publishing
• Right to own/issue newspapers, visual, audio, and digital media
• Independence of media
  • No censorship on newspapers/media outlets
  • No confiscation, suspension, or closure
• No freedom-depriving penalty for crimes of publication/publicity
  • Except for violence/discrimination incitement or defamation
  • Articles 70&71
• Independence of state-owned press institutions and media outlets

Social Rights

• Citizen's right to organize public/private meetings
• Right to demonstrate, form parties, associations, institutions, unions
• Right to adequate housing, water, and healthy food
• Protection of children, disabled, youth, and elderly rights
• Practicing sports is a right for all

Political and civil rights

• Right to address public authorities/defend homeland
• Compulsory military service
• Citizen's right to participate in public life/vote/run for office
• Protection of Egyptians' interests abroad

Human rights and public freedoms

• Prohibition of slavery, human trafficking, and exploitation
• The right of political asylum for foreigners
• State commitment 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 audio-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