The head of the Press Affairs Unit at Morocco’s Prosecutor’s Office, Hassan Farhane, has addressed the criticism surrounding the trial of journalist Hamid El Mahdaoui, arguing that Moroccan law defines the framework governing the practice of journalism.
Describing the field as “legally protected,” he said that digital publications failing to meet the criteria of online press fall under the provisions of the Penal Code if they are associated with acts that are punishable by it.
Farhane made his remarks in an interview with Radio 2M, arguing that the debate “raised by some regarding the trials against journalists under the Penal Code must be clarified to shed light on the legal basis in this regard.”
Earlier this week, the Court of First Instance in Rabat sentenced El Mahdaoui to one and a half years in prison in the defamation case against Minister of Justice Abdellatif Ouahbi.
The Moroccan journalist will also pay $151,155 in civil compensation to the justice minister.
Read also: Moroccan Journalist Hamid El Mahdaoui Sentenced to 18 Months in Prison After Lawsuit by Ouahbi
The verdict follows a lawsuit filed by the justice minister in October. Ouahabi notably accused Madhaoui of “disseminating and distributing false allegations and facts to harm the reputation of individuals as well as defamation and public insults,” citing articles 443, 444, and 446 of the Moroccan penal code.
The trial sparked criticism and protests from many, including journalists, who expressed concerns about freedom of speech.
In response, Farhane said press freedom is “guaranteed by Article 28 of the constitution, which states that it cannot be restricted except in cases provided for by law.”
The profession of journalism must be practiced in accordance with the required standards and conditions, he said, adding: “Judicial action, whether at the level of the competent courts of the court of Cassation, has consistently considered what is published on social networks and open spaces as part of the private sphere subject to the provisions of the Penal Code, whenever it involves acts incriminated by this law.”
Freedom of expression is often “perceived” by social media users as “the freedom to do whatever you please,” he argued, lamenting that some online accounts and pages have become spaces of defamation.
