In the name of Allah, the merciful the compassionate

Excellencies, ambassadors, and diplomatic representatives of brotherly and friendly countries;

Distinguished guests;

Honorable judges;

Journalists;

Ladies and Gentlemen;

The Supreme Council of the Judicial Power (CSPJ) is thrilled to organize, in partnership with UNESCO, this distinguished international conference on freedom of expression and press freedom. On this occasion, I extend my gratitude to UNESCO’s representative, Mr. Tawfik Jelassi, and to his team, for their positive cooperation and for taking the initiative to organize this meeting which brings together human rights, legal, and cultural actors from different Arab, African and European countries.

I welcome all participants from brotherly and friendly countries, and I wish you a pleasant stay in Rabat, where the International Book Fair is organized under the high patronage of his Majesty the King, celebrating African literature as its guest of honor for this year’s edition.

My greetings go also to the Moroccan judges and participants in his conference, which brings into focus an important topic of great scientific value and considerable relevance.

Ladies and Gentlemen;

As you all know, international covenants on human rights have held freedom of expression in the highest regard among fundamental rights and freedoms of individuals and groups inside societies. The Moroccan Kingdom has also constitutionalized these freedoms, as Chapter 19 of the Constitution states that men and women shall enjoy equal civil, political, economic, social, cultural, and environmental rights set out in the Constitution and in international covenants duly ratified by Morocco.

Chapter 25 of the Constitution safeguards the right to freedom of thought and expression under all forms and guarantees freedom of expression, publication, and exposition in areas pertaining to literature, art, and scientific and technical research.

Moreover, Chapter 28 stipulates that press freedom shall be guaranteed and may not be restricted by any form of prior censorship. The Constitution also states that everyone shall have the right to freedom of expression and the free and undeterred dissemination of news, ideas, and opinions; except for cases provided by law.

The Kingdom’s Constitution not only provided for and guaranteed these freedoms but also entrusted public authorities with the task of promoting them, using all adequate means, as well as developing and independently regulating them based on a democratic, professional, and moral basis. It also allowed citizens to have access to information. The latter may be subject only to limitations in cases prescribed by law in order to protect public security and individuals’ private lives, rights, and liberties enshrined in the Constitution. (Chapters 26 and 27 of the Constitution).

Freedom of the press is no longer controversial in today’s society. It has rather become the foremost expression of freedom of speech as well as its core indicator, and it is now classified as the fourth power, so much so that societal, legal, and civil debate is seeking to achieve harmonization between freedom of the press and freedom of expression on the one hand, and between fundamental rights accorded to individuals and society by virtue of International Covenants on Human Rights and advanced Constitutions, among which is ours, on the other. However, if individuals have the right to freely express their opinion without interference, using all forms of oral, written, or other forms of expression, then the exercise of this right is therefore restricted under Article 19 of the International Covenant on Civil and Political Rights, and is subject to special duties and responsibilities set by law when it is necessary to respect the rights or reputations of others and to protect national security, public order, public health, or morals. Thus, the Constitution of Morocco, which endorses freedom of speech, opinion, and press, has entrusted its regulation to law.

If press freedom is conferred by the Constitution which prohibits any prior censorship on its content, then regulating its exercise by law aims at protecting individual’s rights and liberties, as well as the general order in its dimensions regarding general security, public morals, and public health.

Consequently, Law No. 88.18 on Press and Publication defined “Press” as a profession of gathering news, information, or facts, and then investigating them in a professional matter in order to write or conduct any information material, no matter the means or support used to disseminate it (Article 2).

We deduce from this definition that the profession of journalism consists of disseminating news after professionally investigating its accuracy.  Moreover, and to further ensure this, the law vested the publisher with the power of investigating, under his personal responsibility, the accuracy of the news, quotes, or images before publishing them (Article 17). In this respect, journalism is deemed a noble profession, because it carries out investigations in a manner described by law as professional and serious, which avoids diffusing rumors and inaccurate news. And as the saying goes, comment is free, but facts are sacred.

Therefore, libel, defamation, insult, and disinformation are punishable by law, because journalism is not libel, defamation, disinformation, and slander.

Journalism, a function that consists in gathering news, allows journalists to obtain news and information from its source, except in cases where there is a legitimate restriction. For this reason, the Constitution provides for the right to access information.

Hence, journalism is a profession of honor and, therefore, deserves to be designated the fourth power in the societal convention. In this sense, the journalist is restricted by legal and moral obligations, which render his freedom his watchdog and responsibility the focus of his profession.  His Majesty underlined in His lofty message sent to the press and media body on November 15, 2002, that: “…freedom and responsibility constitute the honor and foundation stone for journalism… good journalism cannot be advanced without the free exercise of freedom of expression.... provided that freedom is exercised within the context of responsibility”.

Ladies and Gentlemen,

If journalism is fulfilling its role within society by conveying accurate news, exposing unethical practices, and supporting good initiatives, as well as by acting as a watchdog of lawbreakers through media investigations, analysis, and commentaries; then, at the same time, the judiciary plays a role in striking a balance between rights and obligations. It is key to protecting journalism and its independence, as well as its right to access information and protect its legitimate sources. The judiciary also protects individuals’ rights and integrity against violations committed via journalism, along with protecting public security and public order from certain journalistic practices that instigate or encourage crimes, call for discrimination and racism, or corrupt public morals, and against any other practices deemed crimes by law.

Supposing that journalism’s success is measured by the accuracy of the news it publishes and its exclusivity, then the judiciary’s success is measured by its ability to strike a balance between journalists’ rights and those of third parties featured in journalistic news, as well as by the efficiency and efficacity of judicial response.

It may seem that the judiciary and journalism are two opposite professions; the truth, however, says otherwise. They, in fact, complement each other when it comes to protecting society and public order, and one does not allow the other to commit any violations. Each profession holds the other accountable and prevents it from transgression and infringement.

The judge – by virtue of Chapter 117 of the Constitution – is entrusted with protecting the rights, liberties, and judicial security of others. By the same token, the journalist is society’s eye on events, whose job is to search for, investigate, verify the accuracy, and publish these events.

Both professions create content for each other. Journalism pursues the judiciary’s research and judgments and relays them to the people to take as an example; whereas the judiciary collects incidents published by the press in order to open research and investigations that may lead to trials, which in turn become news and discussions for those who seek to learn a lesson.

Therefore, judges’ acquaintance with journalists’ duties should serve them when applying legal provisions to journalism. And journalists’ acquaintance with judicial duties should prove useful to them when analyzing judicial procedures and commenting on judgments. Thus, the CSPJ welcomes all serious initiatives for study and training in this field for judges and journalists alike. In this context, today’s conference, held in partnership with UNESCO, comes as a part of a multitude of conferences and meetings organized previously in this field, and to serve as a link to continue this journey that was cut short due to the Covid pandemic. We hope the future bears great promise so that we carry out our journey in the best conditions.

As for now, I hope our judges and all participants benefit from this intellectual gathering, to which we wish success.