The National Human Rights Council (CNDH) has issued its memorandum on Bill 26.25, which deals with the reorganization of the National Press Council (CNP). In its opinion, the Council underscores the importance of safeguarding the independence of the bodies that oversee the sector, along with the protection of freedom of opinion and expression. On this point, it identifies self-regulation as the «most appropriate» tool. Draft law 26.25 on the reorganization of Morocco's National Press Council (CNP) has stirred sharp debate, with the National Human Rights Council (CNDH) warning of a growing «polarization» of views. Its memorandum on the reform, drafted at the request of the President of the House of Representatives, runs 46 pages and stresses that the Council «was committed to allowing all organizations to express their opinions and viewpoints, in line with its role as a pluralistic and independent national institution», consistent with «its mandate to defend and protect human rights and freedoms and ensure their full exercise, in full respect of national and universal references on the matter». At the heart of the divide is the principle of self-regulation, an issue that has been contentious since discussions began. On this point, the CNDH calls for «less legislative intervention and greater promotion of self-regulation». It argues that the need for a specific law governing freedom of expression in the press and publishing «should not be seen as fixed, but as something that evolves according to the development» of the profession and the changes that come with it. From the outset, the question of how to strengthen self-regulation has been a flashpoint. For months, the Moroccan Federation of Newspaper Publishers (FMEJ) has criticized what it describes as a step backward, contradicting the spirit of the Constitution and clashing with «the general position expressed by the professional body and the majority of human rights organizations, unions, and political groups». Among those voicing opposition are the National Federation of Journalism, Information and Communication (FENAJIC) affiliated with the Moroccan Labor Union (UMT), the National Press Union of Morocco (SNPM), the Democratic Confederation of Labor (CDT), the Union of Small Press Enterprises (UPEP), as well as joint initiatives with the Moroccan Media Federation (FMM). The issue also resonates beyond Morocco. Pointing to international examples, CNDH notes that more and more countries are «moving away from national laws regulating the press and publishing» in favor of what it calls a «more appropriate» approach: «strengthening the profession's self-regulation mechanisms». The Council further stresses that «freedom of opinion and expression remains directly subject to international conventions, without the need for domestic legislation that could lead to unjustified restrictions on this right». Self-Regulation, a Tool to Rethink Freedom of Expression Self-regulation of the press and publishing is more than a temporary mechanism, it shapes the very practice of the profession, encompassing both freedom of expression and the duty to inform, in line with ethical standards. Strengthening self-regulation, the CNDH argues, is better aligned with the evolving concept of freedoms, whether viewed through international conventions, constitutional principles, or broader legal frameworks. «The rapid transformations brought by the development of communications and digital technologies have led to new forms of exercising freedom of expression», CNDH notes. This, it explains, «is no longer limited to traditional journalism but extends to digital media and platforms, which have become major players in public debate and in shaping public opinion». According to the Council, these changes make it «necessary to move beyond the traditional concept of 'freedom of the press' with its limited horizons, and shift toward 'freedom of the media,' a broader framework that embraces modern forms of expression and subjects them to professional and ethical standards, consistent with international norms». In this context, the institution believes that «strengthening freedom of expression within the country's emerging democratic model requires reinforcing self-regulation mechanisms in the media, reducing the scope of direct legislative control, and developing mechanisms adapted to keep pace with rapid technological change». CNDH's reflection on these overlapping issues also extends to prosecutions of journalists under the Penal Code. It warns that such practices «carry multiple risks, especially since some penal provisions themselves restrict freedom of expression, and directly subjecting journalistic work to the Penal Code makes it harder to distinguish between what falls under freedom of expression and what constitutes a criminal act». At the same time, the Council stresses the importance of a «careful examination» of the notion of public order. The aim, it says, is to «avoid contradictory interpretations by the judiciary and to uphold the constitutional principle that freedom is the rule and restrictions are the exception, while ensuring that restrictions remain limited, are interpreted narrowly, and are convincingly justified in a democratic society». International Conventions, the Constitution, and the IER's Recommendations The Council has also addressed the issue of defamation, recommending the abolition of criminal provisions in this area and their replacement «with civil laws in line with international standards». The memorandum argues that legislation «should reflect the importance of open debate on matters of public interest and recognize that public figures are more exposed to criticism than other citizens». According to CNDH, «the burden of proving the falsity of statements lies with the complainant, and the mere expression of an opinion should not constitute grounds for liability». It further recommends that «civil sanctions be proportionate to the actual harm, avoid creating a chilling effect on freedom of expression, and exclude the possibility for public bodies and institutions to resort to defamation lawsuits». The memorandum frames its observations within international conventions ratified by Morocco, particularly Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of opinion and expression. It also draws on the principles enshrined in the 2011 Constitution, international and regional case law from Europe and Africa, and the recommendations of the 2022 Universal Periodic Review (UPR) on press freedom in Morocco. As CNDH recalls, the 2022 UPR specifically urged Morocco «to refrain from targeting female journalists because of their work and to ensure a safe environment that allows them to perform their duties without fear of retaliation». It also called for revising the legal framework governing freedom of expression and the press, amending provisions that impose «unjustified restrictions», and «harmonizing national legislation with international obligations». In its memorandum, the Council also cites lessons from other self-regulation bodies around the world, as well as recommendations from Morocco's Equity and Reconciliation Commission (IER). These emphasize the need to strengthen guarantees for the exercise of freedom of opinion and expression, including «the explicit constitutionalization of fundamental rights and freedoms, foremost among them freedom of expression, with adequate protection against any legislative, regulatory, or administrative fluctuation». No «Fourth Estate» Without a Viable Economic Model CNDH links its principles not only to legal frameworks but also to the realities and constraints of the media sector, particularly its economic foundations. It stresses that strengthening the right to freedom of opinion and expression «is not limited to developing the legal framework for journalism and media, but also requires addressing the challenges related to the economic model of journalistic enterprises». In other words, the Council argues that «enabling these enterprises to strengthen their independence and sustainability is a prerequisite for them to fulfill their role as a true fourth estate in the democratic model and to meet the challenges posed by the technological revolution, as well as its impact on journalistic practice». CNDH also makes a series of additional recommendations. These include «clarifying the legal nature of the National Press Council», consolidating «the institutional and functional independence of the institution», ensuring «a separation between management bodies and those responsible for arbitration on ethical matters», and «strengthening balance in composition» with regard to the representation of publishers, journalists, men, and women. Finally, the Council calls for the creation of an urgent intervention mechanism in cases of serious violations, alongside «reinforcing the framework for protecting the constitutional rights of journalists, particularly with respect to the disciplinary authority of the CNP, while ensuring adherence to the principles of proportionality, necessity, and gradualism».
