Prepared by: Rahma Samy, a researcher at AFTE
Executive summary
The Supreme Council for Media Regulation (SCMR), an independent body under Egypt’s constitution, adopts a policy that restricts media freedom. The policy is based on expanding media restrictions and penalties under the pretext of countering rumors, while failing to protect media freedom and enable journalists to access information held by official authorities.
The SCMR cannot continue to expand accusations of spreading fake news and include critical media reports in these accusations without being bound by a specific definition. Therefore, it should change its policy and focus on supporting media freedom and access to information instead of levelling these broad accusations against journalists and media outlets.
A new policy in this regard would help promote media freedom on the one hand, and ensure that citizens can access information on the other, while avoiding the dissemination of fake news in accordance with objective international standards.
Introduction
The SCMR has recently targeted more than one media outlet, especially independent news websites, for publishing critical reports. For example, the editor-in-chief and legal officer of the Zat Masr website were summoned[1] for investigation on charges of spreading false and inflammatory news that contradicts journalistic and media codes of conduct, according to a statement issued by the SCMR on 5 January 2024.
In another incident, the SCMR decided on 15 October 2024 to refer those in charge of Mada Masr website[2] to investigation, while notifying the Public Prosecutor if the violations are proven. The website was accused of publishing inflammatory reports that harm national security, citing sources that the SCMR described as “fake and unidentified”, while stressing the need to adhere to documented government statements. In another statement[3] in August 2024, the SCMR noted that some websites and social media accounts published “tendentious” reports about an incident in Taba, and that legal action was taken against them. It stressed the need to seek reliable sources and not to report news from instigating or unknown sources.
These are some examples of how the SCMR classifies some critical reports as fake news, reflecting its policy toward what it deems to be contrary to the standards it sets. On the other hand, the SCMR does not pay attention to the availability of official information in the absence of a law on access to information and the authorities’ failure to disclose information in advance. This is evident from interviews conducted by AFTE with a number of editors-in-chief of some independent newspapers who were affected by the SCMR’s policy.
Background
International standards for combating fake news are based on the premise that the media should not be a tool for misleading the public. UNESCO defines fake news[4] as “information deliberately fabricated and published with the intention to deceive and mislead others into believing falsehoods or doubting verifiable facts”.
The UN Special Rapporteur on Freedom of Expression concluded that “with technological and digital advances, the ability of fake news to influence has increased, often leading authorities to restrict freedom of expression and undermine democratic governance principles. The spread of fake news is linked to freedom of expression, which makes it possible to address it through restrictions on the access to information, especially in times of crises, when the curtailment of freedom becomes justified by society as a means of confronting the threat of fake news, which poses great challenges to democracy”.
It should also be noted that acting in an organized and strategic manner to spread false or misleading information is considered disinformation[5] and must be confronted. To counter this, the authorities should protect freedom of expression, support independent media, and ensure the publication and prior disclosure of official information, and political influences in dealing with critical media should be avoided.
Transparency and access to information are key to countering the spread of fake news and ensuring the public’s right to know the truth. In this context, providing official platforms to periodically and proactively disseminate reliable information is one of the effective tools to combat disinformation. Enhancing transparency also requires the establishment of legal mechanisms that guarantee the right of journalists and citizens to obtain information from official sources without hindrance. These policies enhance trust between the public and institutions, and reduce reliance on unreliable sources, which contributes to building a healthy media environment that supports freedom of expression and access to information.
Current policy towards countering fake news
Despite SCMR’s efforts to combat fake news, there is criticism of the lack of accurate definition of fake news, as news reports critical of government policies are sometimes considered fake news. This has restricted freedom of the press and independent media in Egypt. For example, independent news websites such as Mada Masr and Zat Masr reported negative effects as a result of blocking their content, with critical articles having been classified as fake news even though they were based on facts and professional verification. This raises questions about the integrity of the measures taken and their consistency with the principles of transparency and media freedom.
For example, the SCMR announced “media codes” that aim to set professional and ethical standards for covering sensitive issues, such as elections and combating fake news. In addition, it sought to train media cadres, and repeatedly stressed the importance of relying on reliable sources and providing official statements to the public in order to curb the spread of rumors. The SCMR also launched awareness campaigns for the public and media professionals on the importance of combating fake news and enhancing credibility in the media, which reflects attempts to improve the media environment despite criticisms related to the application of these policies selectively at times.
Despite these efforts, the SCMR has made no effort to adopt proactive mechanisms for the dissemination and availability of official information. In November 2024, it launched an initiative[6] under the title “Catch a faker”, which aims to confront fake accounts that impersonate public figures, and educate the public about the importance of verifying information before sharing it. The initiative emphasized the role of the media in combating rumors by spreading true news and supporting freedom of access to information to ensure transparency and provide reliable information to the public.
The SCMR takes legal action against fake social media accounts and websites that spread false news. It is authorized to delete these accounts after verifying that they violate the laws, and these measures are implemented by the National Telecom Regulatory Authority (NTRA).
In its penal regulations, the SCMR set[7] penalties for media organizations that publish false news or rumors. These penalties include fines of up to EGP 250,000, blocking websites or social media accounts temporarily or permanently, and banning the broadcast or publication of certain programs or content. These procedures apply when inaccurate information is posted or unreliable content is shared from social media accounts without verifying its credibility, including content that incites hatred or harms the country’s interests.
The SCMR organized training courses[8] for media professionals and spokespersons on how to respond to rumors. It also recommended the launch of platforms that enable journalists and media professionals to verify news and photos before publishing them.
One of the most prominent measures taken by the SCMR to combat rumors and fake news is the blocking of websites and social media pages that are suspected of spreading incorrect information.
Interviews with journalists from several independent news websites showed how the blocking affected their ability to provide news and achieve media independence, especially since the years-long blocking of several websites was not based on decisions by the SCMR. For example, Mada Masr journalists said in their testimony about the ongoing blocking that they have been using tools to bypass the blocking since 2017, in order to continue publishing their news and avoid the media blackout imposed by censorship bodies. Meanwhile, the Zat Masr and Saheeh Masr websites reported that the blocking significantly affected their ability to reach their target audience.
In August 2023, the SCMR said some Egyptian websites and social media pages published tendentious reports about an incident in Taba based on unreliable sources. It said it took legal action against these websites, justifying this by its desire to maintain media professionalism and prevent the dissemination of misinformation.
Policy alternatives: Between setting a clear definition of fake news and providing a supportive environment for access to information
The measures taken to counter fake news raise questions about the balance between protecting the public from misinformation and preserving media freedom. In this context, there must be greater transparency in setting the standards for fake news, while ensuring that the actions taken by the SCMR are based on clear and precise rules.
- Maintaining the current policy with some guarantees
When considering how to apply international standards of fake news to domestic policies, it is important to understand the role played by relevant international conventions such as the UN-endorsed International Covenant on Civil and Political Rights[9] (ICCPR). Article 19 of the ICCPR guarantees the right of everyone to express their opinions and receive information from all sources without interference, while stressing the need to protect journalists from excessive censorship that may limit their ability to work freely.
The international standards not only protect freedom of expression, but also emphasize the need to strike a balance between this right and the protection of society from fake news that may threaten public security. Therefore, there must be a precise definition of fake news, particularly in relation to how information is verified. In this regard, the media should play a significant role in preserving truth and objectivity.
However, the UN does not provide a uniform definition of fake news, leaving it to the legislatures in each country to define it based on the basic principles of transparency and accountability. This opens the way for countries to develop legal definitions tailored to their local contexts.
Egyptian laws provide vague definitions of fake news, leading to various interpretations that may be used excessively against independent media outlets. Despite reservations about the use of blocking and sanctions that may harm media freedom, it is necessary to strike a balance between combating fake news and preserving the rights of journalists and freedom of expression. Instead of focusing on censorship and sanctions, the authorities can use advanced technologies to verify news and information, such as AI and graphical analysis tools, thus enabling journalists to accurately verify sources.
Any actions against journalists and media outlets should be based on clear legal bases that prevent the arbitrary use of power against independent journalism, as the local laws such as the Media Regulation Law No. 180 of 2018[10] did not provide a precise definition of fake news. This ambiguity may lead to the term fake news being exploited to restrict independent media.
- Avoiding considering critical reports as fake news
The SCMR can also adopt a balanced approach in dealing with fake news, by ensuring that intervention in this field is governed by clear and precise international standards that define “fake news” based on the accuracy of information and credibility of sources, without involvement in the suppression of freedom of expression or legitimate criticism. Fake news should be countered in accordance with this transparent and fair approach, which enhances confidence in the actions taken. However, the SCMR’s current measures face criticism for their selectivity, as they focus more on independent and opposition media, while excluding pro-government media, thus upsetting the balance between combating fake news and guaranteeing media freedom. This leads to a lack of confidence in the credibility of the SCMR’s procedures. The initiatives adopted by the SCMR to enhance public awareness of methods of verifying fake news remain incomplete, as they are limited to official media and do not include interactive tools to enable the public to verify news independently, thus undermining the effectiveness of these initiatives.
Countering fake news requires an approach that ensures the fight against disinformation without restricting media freedom. In the Egyptian context, local laws such as the Media Regulation Law No. 180 of 2018 do not provide a precise definition of fake news, something which may be exploited to restrict independent media. Hence, it is important that domestic policies adhere to a clear and precise definition of fake news in line with international standards.
The adoption of this policy would halt the blocking of websites on the grounds of spreading fake news, thus enhancing the public’s access to information more freely. It would also help address the disciplinary sanctions imposed on journalists for publishing information that the SCMR considers as “fake news”, thus limiting its negative impact on media freedom.
- Adopting a policy that ensures information accessibility and source protection
The SCMR should adopt a policy that ensures information accessibility and protection of news sources. This will allow media outlets to operate more freely under a specific definition of fake news and avoid prosecution. It will also allow media outlets to access and analyze official information and play an investigative role by speaking to official sources and relaying their comments.
The adoption of a law on access to information is an essential part of the proposed policy, as it will guarantee the right of the public and journalists to access and analyze official news independently, in addition to introducing a clear text to protect news sources and ensure that journalists are not held accountable for the identity of their sources.
Although the SCMR adopted awareness initiatives aimed at enhancing public awareness of ways to verify fake news, these efforts lack an environment that allows information accessibility.
Recommendations
AFTE believes that it is extremely important to implement the following recommendations:
- The SCMR should stop its arbitrary practices including the blocking of news websites and imposing disciplinary sanctions on journalists and media outlets for allegedly spreading fake news
- The SCMR should adhere to a specific and precise definition of fake news and include it in Egyptian laws and/or regulations related to the media, in line with international standards
- The SCMR should commit to protecting news sources and not holding journalists accountable for the identity of their sources
- The SCMR should coordinate with the government, parliament, the Journalists Syndicate, and the Media Syndicate to enact a law on access to information
Conclusion
Countering fake news in Egypt requires a comprehensive policy that strikes a balance between protecting society from misinformation and guaranteeing freedom of expression and the public’s right to access information. The measures taken by the SCMR to counter fake news came as a cover for repressive practices towards media freedom. Attention should be paid to alternative policies that would promote media freedom and protect the right to information. In a more general context, the government should cooperate with the SCMR, syndicates and human rights organizations in this regard.
References
[1] SCMR, "Zat Masr" website summoned for investigation for publishing "false news", 5 January 2024, pfbid02BvV3NxWyDsiJWKZu5f3297f1ZhJ3CBz4J3n37aZaz2mj61Ym7kwNhUxd6Hywnv8zl [2] SCMR, Mada Masr investigated and the Public Prosecutor will be notified if the violations are proven, 15 October 2024, https://www.facebook.com/pfbid0Gt31modj42jz1EVQMvvi1NwQvXSAszC2ja5NhCUbxGF7PQiS2MjY1Ycm7F8Zqa1al [3] SCMR, Egyptian websites and social media accounts publish tendentious news about the Taba incident, legal action taken against them, 30 August 2024, https://www.facebook.com/pfbid02BvV3NxWyDsiJWKZu5f3297f1ZhJ3CBz4J3n37aZaz2mj61Ym7kwNhUxd6Hywnv8zl. [4] UNESCO, "Fake News", 30 June 2017, https://alakhbar-alzwayft-ma-ray-alshfyyn-0 [5] United Nations, "Countering Disinformation," https://www.un.org/ar/countering-disinformation [6] SCMR launches "Catch a faker" initiative and deletes fake pages, Al-Mal newspaper, 24 November 2024, https://tinyurl.com/86kz4hs5 [7] SCMR, "Penal regulations", SCMR’s Facebook page, December 2020, https://www.facebook.com/pfbid0PVwf8fqqEVMk1o4erqcjCWU4ZfMseTTnLpBTHpwmhsbG4nK1vWazx5dhJZn8dQrol [8] Creating a website and training courses.. SCMR’s recommendations at the "Countering Rumors" conference, Al-Masry Al-Youm, 19 November 2024, last visited on 11 December 2024, https://www.almasryalyoum.com/news/details/3310100 [9] International Covenant on Civil and Political Rights, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights [10] Law No. 180 of 2018 regulating the press, media, and the Supreme Council for Media Regulation, 27 August 2018, Official Gazette, https://manshurat.org/node/31481
