{"id":18743,"date":"2020-05-12T13:52:15","date_gmt":"2020-05-12T11:52:15","guid":{"rendered":"https:\/\/afteegypt.org\/?p=18743"},"modified":"2020-05-12T13:52:15","modified_gmt":"2020-05-12T11:52:15","slug":"the-newton-trial-position-paper-on-the-sanctions-of-the-supreme-council-for-media-against-al-masry-al-youm","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/advocacy-en\/position-papers-en\/2020\/05\/12\/18743-afteegypt.html","title":{"rendered":"The Newton Trial Position Paper on The Sanctions of The Supreme Council for Media Against Al-Masry Al-Youm"},"content":{"rendered":"

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Prepared by Mostafa Shawky, Researcher at AFTE<\/em><\/p>\n

Edited by Mohamad Nagy, Research Unit Manager<\/em><\/p>\n

Introduction<\/strong><\/span><\/p>\n

On April 21, 2020, the Supreme Council for Media has imposed a series of sanctions on the privately-owned newspaper, Al-Masry Al-Youm<\/em>. Nine sanctions have been imposed on the journal, its editor-in-chief, and its owner. These sanctions have ranged from a financial penalty, a disciplinary investigation by Syndicate of Journalists, and a criminal investigation by the public prosecution. Also, blocking a section of the newspaper in both electronic and paper editions, and banning its representatives from media appearances. All the sanctions mentioned above were because of a series of articles on Sinai, written by the newspaper’s owner, Salah Diab.<\/p>\n

AFTE unequivocally denounces such sanctions that the Supreme Council for Media has imposed on Al-Masry Al-Youm, \u00a0its website, and on the newspaper\u2019s editor-in-chief\/founder\/ columnist\/Egyptian businessman, Salah Diab.<\/p>\n

AFTE’s position is based on the fact that the series of articles fall within the ambit of Freedom of Expression enshrined in the Egyptian Constitution and International Covenants. Since the Freedom of Expression can not be limited to either the socially accepted and palatable thoughts or pro-government attitudes, Rather, it extends to protect ideas that some may consider them strange, shocking, or abnormal. In contrast, the socially accepted opinions do not need such protection.<\/p>\n

Hence, AFTE calls upon the Supreme Council for Media to review and rescind those sanctions, and it also calls for a reconsideration of the banning and blocking measures that the Council has resorted to restricting those who have different or opposing opinions.<\/p>\n

AFTE refers to Article (8) of the Law N. 180\/2018, on the Regulation of Press and Media and the Supreme Council for Media. It states that “opinions or valid information by journalists and media workers shall not be a reason for questioning\u2026”<\/p>\n

\u00a0The paper at hand reviews the circumstances of the investigation with Al-Masry Al-Youm<\/em> newspaper.<\/span><\/strong><\/p>\n

What has happened? From Understanding to The Maximum Sanction<\/em> <\/strong><\/span><\/p>\n

This incident goes back to mid of April when the Supreme Council for Media summoned<\/a> Al-Masry Al-Youm<\/em>‘s legal representative to investigate a series of articles on Sinai in the Wajadtoha <\/em>column (means Found It in Arabic). It is author-signed under a pseudonym (Newton), which later turned out to be the newspaper owner and businessman, Salah Diab.<\/p>\n

Four days after the summons, the Council’s head, Makram Mohamad Ahmad, stated, “The article had raised many provocative questions, and it is hard to find specific, unequivocal answers for them.” He also added, “The author has left much room for people to question many things.”<\/p>\n

Although his negative impression, the Council’s head affirmed that the articles would not require sanctions against the newspaper, only a reprimand. In a telephone interview <\/a>on a TV show, Ahmad said regarding the reason behind the summons:\u00a0 “I do not think it’s a serious violation, but we must have a role in revealing the truth, not punishing people…We validate facts more than investigate people. The goal is neither impede people’s thoughts nor try their intentions. We are more into exploring the meaning of this article to clarify it for the public<\/em>.”<\/p>\n

This open-minded attitude was not only by the Council\u2019s head, but President Al-Sisi also commented<\/a> on the articles during the opening of a project, on April 22, celebrating the Sinai Liberation Day. He said: \u201cThere is an article on Sinai and its development potentials. I was hoping that if anyone wants to discuss such an issue, he has to be first aware of what we are accomplishing in Sinai. Through the last six years, we spent 600 billion EGP on Sinai development, although Sinai represents only 6% of Egypt.<\/em>\u201d… \u201c\u0650Any views about Sinai issues are appreciated and worth consideration.<\/em>\u201d<\/p>\n

This is how Al-Sisi interacted<\/a> with the article. He didn’t make any accusations or question the patriotism of the article writer, his loyalties, intentions, or goals.<\/p>\n

However, such an open-minded attitude towards the articles didn\u2019t last long. The Council position suddenly changed from facts verifications to investigating and questioning the newspaper\u2019s moralities, professionalism, credibility.<\/p>\n

On April 21, The official website of the Council posted<\/a> a statement that \u201cThe Complaints Committee of the Supreme Council for Media conducted an investigation, last Tuesday, for four hours with Al-Masry Al-Youm<\/em>\u2019s officials about Newton’s articles. Salah Diab, the author of the article, Dr. Abdel-Moneim Said, Board Chairman, Abdullatif Al-Manawi, Editor-in-Chief, and the legal representative of the newspaper, attended the investigation. Then, the committee held a plenary meeting, to review the situation and prepare recommendations for presenting them to the Council, to take the appropriate decision in this regard.<\/p>\n

Later on the same day, The Council has issued<\/a> a decision No. 16\/2020. The decision imposed a set of measures and sanctions on the newspaper, its editor-in-chief, and the columnist. The penalties came harsh, indicating the gravity of the violation, according to the Council view.<\/p>\n

The decision came with prolonged, unusual reasoning in comparison with most of the previous Council’s decisions. Still, it did not mention legal provisions that penalties were based on against the newspaper, its editor, and columnist.<\/p>\n

In that case, AFTE has consulted the Law N. 180\/2018<\/a>, on the Regulation of Press, Media and the Supreme Council for Media, and also reviewed the Sanctions List No.16\/2019<\/a>. We can say that the decision is based on several articles in the Law and the List.<\/p>\n

The measures and sanctions stated in the decision came in four categories;<\/p>\n