Many prominent journalists, including veteran reporter and journalist syndicate member Yahya Qallash, have denounced the constitutional declaration issued by President Morsi in late November, which has led to unrest and clashes with security forces in the country the last few weeks. The constitution would curb journalistic freedoms and create governmental authorities that could shut down media outlets. As a result, the Egyptian Journalist Syndicate (EJS) announced that it would withdraw from the Constituent Assembly.

Many prominent journalists, including veteran reporter and journalist syndicate member Yahya Qallash, have denounced the constitutional declaration issued by President Morsi in late November, which has led to unrest and clashes with security forces in the country the last few weeks. The constitution would curb journalistic freedoms and create governmental authorities that could shut down media outlets. As a result, the Egyptian Journalist Syndicate (EJS) announced that it would withdraw from the Constituent Assembly.

But Mamdouh Weli, head of EJS and a Muslim Brother participated in the final voting session, ignoring the syndicate’s decision. But the dispute that has arisen amongst the syndicate is due to the fact that many believe that Constituent Assembly members who stayed following the withdrawal wave “do not originally believe in the freedom of journalism and expression, considering it as showing disrespect to rulers,” according to Qallash.

Qallash says the issue goes beyond disputing with Weli, who has been recently referred by the EJS Council to the Disciplinary Council; rather, it is closely related to the inclusion of misleading texts violating the freedom of journalism in the first constitution to be written by the Egyptians after the January 25th revolution.

The same view was affirmed by the veteran writer and media figure, Hamdi Qandil, in his article “The Constitution of the Stairwell” published on December 4th in the ‘Al-Masri’ newspaper. Describing the attitudes of chairman of the Constituent Assembly, Hossam Gheriani, towards journalists as clearly prejudicing from the very beginning, Qandil said that Gheriani did not accept any opposition to his viewpoint, what clarified his rebuke to Weli when the latter demanded the inclusion of a text stating that journalists cannot be detained in the constitution. It is noteworthy that Qandil here is not writing as an observer, but as a member of the Advisory Committee comprising ten persons of whom only two kept their membership during the last days of developing the draft.

Independent newspapers cease publication

Qallash rejects the constitution on the basis of his 30-year experience in syndicate and journalism activities, during which time EJS fought against all attempts at stifling expression. Qallsh’s objection coincides with 11 dailies and weeklies interrupting publication in an objection to the practices of President Morsi’s regime. Qallash also bases his refusal on the testimonies given by the veteran journalists attending the hearings, such as Ragaei Mirghani and Salah Essa, who affirmed, as he said, that many amendments were made to the articles they had previously reached an agreement on or recommended, since they represent the profession before the assembly members who are of majors unrelated to law, legislation or public action.

Qallash added that an article insuring the independence of national media institutions from party and executive authorities was determinedly sought by all. However, the draft constitution, as expected, intentionally didn’t include one, so that national journalism institutions are kept under the control of whatever regime ruling Egypt, leading to their continued subordination to the state, which currently does not attempt to save them from collapse. Thus, all what the new constitution has done to journalism is changing the name of the ‘Higher Council of Journalism’ to the ‘National Commission of Journalism and media” under Article 216 thereof.

Isma’il Sidqi’s Constitution

Qallash draws attention to the serious deterioration of the freedom of newspaper issuance in Article 48 which provides for the right to terminate the newspaper license through a court ruling, a matter journalists succeeded to abolish in 2006. Thus, the license of any newspaper publishing untrue news could be terminated, a collective punishment since the legislator may punish the whole staff of a newspaper because some of them committed mistakes or trespassed the red lines defined by the regime.

This explains the reason behind drafting Article 49, the journalists “present” as considered by the legislators. The article, giving the right to issue newspapers by notification without the need to establish firms and other things, is included to absorb the impact of the preceding article, so that if journalists object to closing a journal by a court ruling, they will be told to open another one by notification.

Qallash forewarns of the future of freedom of journalism in case this constitution is endorsed, saying that its articles on freedom of journalism and  expression provide the parliament with golden chances to enact a large number of laws confining these freedoms without being trapped by unconstitutionality.

Qallash reminds the drafters of Egypt’s first constitution after the revolution that not a single constitution of Egypt has stated that newspapers may be suspended by a court ruling since 1923, expect that of the period between 1930-1936 when Prime Minister Isma’il Sidqi tightened his grip on freedoms before he was toppled along with his constitution by students and workers’ demonstrations.

Freedom of journalism and expression articles as stated by the draft constitution

Article (45)

Freedom of thought and opinion shall be guaranteed.

All may express their opinions in saying, writing, portraying or any other publishable or expressive means.

Article (46)

All citizens have the right of freedom of creation of all kinds.

The state shall promote science, arts and letters, foster creators and inventors, protect their creations and inventions and implement them for the benefit of society.

The state shall take required measures to maintain the national cultural heritage, and provide cultural services.

Article (47)

All citizens may have access to information, data, statistics and documents, and may disclose and circulate them without prejudice to others’ private life and rights as well as the national security.

The law shall set the rules for depositing and maintaining public documents, as well as the ways of accessing information, complaining in case it is not provided, and consequential penalty.

Article (48)

Freedom of journalism, printing, publishing and media is insured, and they shall freely and independently achieve their missions in order to serve society; express the trends of the public opinion; take part in forming and channeling it under the basics of society and state; maintain public rights, freedoms and duties; and respect the private lives of citizens and necessities of national security. They may be closed or suspended only by a court ruling, and may not be monitored except in wars or general mobilizations as provisional monitoring may be imposed.

Article (49)

The freedom to issue and own all types of newspapers by notification is insured for all Egyptians whether natural or legal persons.

The law shall set the rules for the establishment of TV and radio broadcasting stations.

Article (215)

National Media Council shall organize the affairs of audio and visual broadcasting, printed and digital media, etc.

The Council shall insure the freedom of all forms of media, maintain its plurality, defend it against being exclusively possessed, protect the interests of the audience, set the rules and standards insuring the media commitment to the morals and principles of the profession, maintain Arabic language and observe the society’s constructive traditions and customs.

Article (216)

The National Commission for Journalism and Media shall manage and upgrade all state-owned media and journalism institutions, develop their assets and insure their commitment to a rational, professional, administrative and economic performance.