Confrontation escalates

With the imprisonment of a second journalist in less than two weeks the showdown between government and press is in danger of spinning out of control, writes Jailan Halawi

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Prominent journalists meet at the Press Syndicate this week to discuss ways to cancel prison sentences

A Criminal Court on Tuesday sentenced a journalist to one year in jail, fuelling the growing conflict between the press and the government. Journalist Amira Malsh was found guilty of libelling judge Atia Mohamed Awad in a story published in the independent weekly Al-Fagr in July. Malsh said information mentioned in the story was quoted from sources linked to a bribery case then under investigation by the state security prosecutor.

Al-Fagr 's editor-in-chief, the well known writer Adel Hamouda, said he would contest the ruling which he described as "a new blow to journalists". Hamouda called on the Press Syndicate and all human rights organisations to support Malsh.

The ruling is the second time in less than two weeks that a journalist has been imprisoned and ups the ante in the campaign by journalists to rescind the law that allows jail sentences for publication offences.

On 23 February a Cairo court sentenced Abdel-Nasser El-Zuheiri, a journalist with the independent daily Al-Masri Al-Yom, to one year in jail. El-Zuheiri, along with two colleagues from the same paper, was also ordered to pay LE10,001 in compensation.

The three journalists had been accused of libelling former minister of housing Mohamed Ibrahim Suleiman in a story that appeared in August 2004. Last April each received one- year jail sentence but was subsequently granted a retrial since the earlier judgement had been passed in absentia.

On 3 March, following discussions between the Chairman of the Press Syndicate Galal Aref, Suleiman, Minister of Information Anas El-Fiqi and head of the Supreme Press Council Safwat El-Sherif, Suleiman agreed to drop suits filed against 37 publications.

Following the meeting Aref and Suleiman issued a joint statement in which Suleiman explained his decision to abandon the lawsuits had come in response to both the president's decision to do away with custodial sentences and appeals he had received from the Supreme Press Council.

Suleiman noted he was satisfied with the court ruling in his favour and was not actively seeking the jailing of journalists.

Many journalists saw the reconciliation as a positive step. But does it end their plight? The answer, clearly, is no though it is a step in the right direction.

Speaking to Al-Ahram Weekly Aref described the move as a reflection of the regime's conviction that jail sentences for publication offences are no longer relevant as Egypt moves towards reform and democracy. The compromise, he said, was "a sign that the government is seeking a way to end the crisis".

Aref nonetheless stressed that the syndicate's goal was not only to suspend the sentence against El-Zuheiri but to press for the abolition of custodial sentences. Until that happens, he said, "the confrontation lingers".

"As far as we are concerned," Aref explained, "the president's decision is decisive and binding -- should there be any devils they will be in the detail."

Several unsuccessful attempts have already been made at issuing a draft law that satisfies all concerned parties. Indeed, the Ministry of Justice is currently drafting a law and will consult with the syndicate over its provisions before submitting it to the People's Assembly. Yet according to the syndicate's council the new law "remains enigmatic".

In statements President Hosni Mubarak has said the law in question should be passed during the current parliamentary session, which ends in May. Journalists, though, are sceptical: "why is it taking the government years to repeal a law that restricts freedom when, in serving its own interests, it passes many [laws] in a matter of days," noted one.

One explanation for the delay is concern on the part of the Ministry of Justice over several provisions in the syndicate's own draft law. Yet though the ministry has informed the syndicate of such concerns it has yet to call for further consultations.

Rumours have recently surfaced that the Ministry of Justice has already presented its own draft law to the Council of Ministers, without consulting or informing the syndicate, a move should it prove true will serve only to complicate the picture.

But can the law be passed without the syndicate's consent?

"Of course. They [the government] can do anything. Yet we will reject any law of which we have not approved and over which we have not been consulted," said Aref.

The journalists' campaign, Aref explained, should not be viewed solely in terms of enshrining their right not to be jailed for what they write but within the framework of democratic reforms.

"We cannot speak of liberty when there is such restraint on freedoms. We are not asking that journalists be above the law, or for a licence to slander, but we are calling for jail sentences to be replaced by fines. No one should be jailed for their views."

"We are willing to be tried before the courts and/or our syndicate for any wrong doing but we need our freedoms to be guaranteed if we are to unveil corruption and keep an eye on the legislative and executive authorities. The threat of prison hangs like a sword above our heads," said one journalist interviewed by the Weekly.

Aref agrees, and has called on all non-governmental organisations to join in the struggle for a free press which, he explains, "is not only the concern of journalists but of society as a whole".

The Press Syndicate has called for a general assembly on 17 March to review the situation.