ID :
44847
Mon, 02/09/2009 - 13:03
Auther :
Shortlink :
https://oananews.org//node/44847
The shortlink copeid
Draft media law advances press freedom – Al Abed
Abu Dhabi, February 9, 2009 (WAM) - The new media draft law is “a significant step forward to press freedom and other civil liberties in the UAE,” a senior official said yesterday in an exclusive interview with “Gulf News.”
Ibrahim Al Abed, the director general of the National Media Council – a government body overseeing the media – said the new law protects journalists from being sent to jail for carrying out their duties and instead imposes fines ranging from Dh10,000 (US$2,720) to Dh 5 million.
“Even these fines are determined by courts, whose rulings can be appealed. The imposition of fines will occur only following due legal process and it will be the judiciary, not the National Media Council, that determines the amount of any fine.
“The National Media Council will have the responsibility of determining whether a possible breach of the law has occurred – but it will then be for the courts to determine whether the law has actually been broken and to decide upon the penalty – if any.
“And the issue of the possibility of publishing licensing being cancelled is related purely to procedural matters, such as failure to make use of the licence or bankruptcy – issues or press freedom are not involved,” Al Abed said.
He was speaking after scores of civil society leaders appealed to President His Highness Sheikh Khalifa bin Zayed Al Nahyan to stop the new media draft law, which was passed by the Federal National Council (FNC) on January 20.
A petition signed by more than 100 UAE academics, lawyers, journalists, human rights activists and members of non-governmental organisation said the law “does not live up to ambition seeking to raise the level of freedom, especially the freedom of speech and the press.”
Responding to critics who said that the law was a setback to the press, Al Abed said the significant reduction in the number of potential offences is an indication of the way in which the proposed new law will increase the freedom of the media has to operate.
Protection of sources
Unlike other press laws in Britain, Canada and the United States, the UAE draft law gives journalists the right to refrain from revealing their sources. “Reporters in these western countries face jail terms if they fail to disclose their sources.”
Moreover, he said, freedom of opinion and expression through speech, writing and other means is guaranteed within the limits of the law.
“The law provides for no prior censorship on licensed media and obligates government parties to facilitate information flow and provide responses to newspapers and other media outlets, except information in violation of the provisions of the law or any other laws, and in consideration of the conditions set by the authorities,” he said.
Other critics said the law was open to interpretation and could affect the way the media was able to report effectively.
However, Al Abed said much of the comment on the draft law appears to have been misinformed or to be based upon a misunderstanding, both of the current situation and of the contents of the proposed legislation.
“Critics did not compare the proposals in the new law with the existing law – such a comparison shows clearly that there has been a significant advance in terms of press freedom,” he said.
Admitting that the law may have limitations and not meet aspirations of all people, Al Abed said: “Nowhere in the world do journalists have ‘complete freedom’. Constraints related to accuracy, libel and issues of national security are present everywhere and the draft law recognises that. It is right that is should .”
It was noted that the draft law does not apply to media in the country’s free zones.
He said Free Zones have special status with the UAE Cabinet laying down the necessary guidelines for their work to ensure that they operate in accordance with the nation’s media policy. The director general of the National Media Council said it has been suggested that the draft law would make it illegal to publish anything that could be interpreted as being potentially damaging to the national economy. “This is not the case. What the draft law does state, however, that the media has a duty to undertake the appropriate efforts to check their facts before running stories, critical or otherwise.
“It is simply unacceptable that stories based on gossip should be published without proper efforts being made to check them – as would happen in the serious media anywhere in the world.
Opportunity to respond
“If a story about a company or a government department is being run, that puts forward a critical view about is financial status or its performance, it is only fair that the spokesman for the target should be given the opportunity to respond.”|
“If they fail to do so, however, then they have no grounds for complaint. The objective of this aspect of the law is to ensure that due diligence is undertaken and that sources are properly checked,” he said.
He assured journalists the Executive Regulations on the implementation of the law would lay down its effects. “At that stage, many of the current criticisms levelled at it will be shown to be unfounded.” – Gulf News
Ibrahim Al Abed, the director general of the National Media Council – a government body overseeing the media – said the new law protects journalists from being sent to jail for carrying out their duties and instead imposes fines ranging from Dh10,000 (US$2,720) to Dh 5 million.
“Even these fines are determined by courts, whose rulings can be appealed. The imposition of fines will occur only following due legal process and it will be the judiciary, not the National Media Council, that determines the amount of any fine.
“The National Media Council will have the responsibility of determining whether a possible breach of the law has occurred – but it will then be for the courts to determine whether the law has actually been broken and to decide upon the penalty – if any.
“And the issue of the possibility of publishing licensing being cancelled is related purely to procedural matters, such as failure to make use of the licence or bankruptcy – issues or press freedom are not involved,” Al Abed said.
He was speaking after scores of civil society leaders appealed to President His Highness Sheikh Khalifa bin Zayed Al Nahyan to stop the new media draft law, which was passed by the Federal National Council (FNC) on January 20.
A petition signed by more than 100 UAE academics, lawyers, journalists, human rights activists and members of non-governmental organisation said the law “does not live up to ambition seeking to raise the level of freedom, especially the freedom of speech and the press.”
Responding to critics who said that the law was a setback to the press, Al Abed said the significant reduction in the number of potential offences is an indication of the way in which the proposed new law will increase the freedom of the media has to operate.
Protection of sources
Unlike other press laws in Britain, Canada and the United States, the UAE draft law gives journalists the right to refrain from revealing their sources. “Reporters in these western countries face jail terms if they fail to disclose their sources.”
Moreover, he said, freedom of opinion and expression through speech, writing and other means is guaranteed within the limits of the law.
“The law provides for no prior censorship on licensed media and obligates government parties to facilitate information flow and provide responses to newspapers and other media outlets, except information in violation of the provisions of the law or any other laws, and in consideration of the conditions set by the authorities,” he said.
Other critics said the law was open to interpretation and could affect the way the media was able to report effectively.
However, Al Abed said much of the comment on the draft law appears to have been misinformed or to be based upon a misunderstanding, both of the current situation and of the contents of the proposed legislation.
“Critics did not compare the proposals in the new law with the existing law – such a comparison shows clearly that there has been a significant advance in terms of press freedom,” he said.
Admitting that the law may have limitations and not meet aspirations of all people, Al Abed said: “Nowhere in the world do journalists have ‘complete freedom’. Constraints related to accuracy, libel and issues of national security are present everywhere and the draft law recognises that. It is right that is should .”
It was noted that the draft law does not apply to media in the country’s free zones.
He said Free Zones have special status with the UAE Cabinet laying down the necessary guidelines for their work to ensure that they operate in accordance with the nation’s media policy. The director general of the National Media Council said it has been suggested that the draft law would make it illegal to publish anything that could be interpreted as being potentially damaging to the national economy. “This is not the case. What the draft law does state, however, that the media has a duty to undertake the appropriate efforts to check their facts before running stories, critical or otherwise.
“It is simply unacceptable that stories based on gossip should be published without proper efforts being made to check them – as would happen in the serious media anywhere in the world.
Opportunity to respond
“If a story about a company or a government department is being run, that puts forward a critical view about is financial status or its performance, it is only fair that the spokesman for the target should be given the opportunity to respond.”|
“If they fail to do so, however, then they have no grounds for complaint. The objective of this aspect of the law is to ensure that due diligence is undertaken and that sources are properly checked,” he said.
He assured journalists the Executive Regulations on the implementation of the law would lay down its effects. “At that stage, many of the current criticisms levelled at it will be shown to be unfounded.” – Gulf News
