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Proposed press law too limited in Iraqi
Kurdistan
2.10.2007
By Frman Abdul-Rahman in Sulaimaniyah (ICR No. 234,
2-Oct-07)
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Legislation de-criminalises libel but imposes a
range of reporting restrictions.
October
2, 2007
Sulaimaniyah, Kurdistan region 'Iraq'
While many independent journalists are backing a
draft media law that would boost press freedom in
Kurdistan 'northern Iraq', many say it does not go
far enough.
Although leading media figures are supporting the
proposed legislation, which would replace draconian
Ba’ath-era Iraqi penal codes that criminalise libel,
most say it will have a limited impact on press
freedom.
"If parliament passes the press bill, Kurdish
journalism will begin a new phase marked by growing
press freedom," said Saman Fawzi, a media law
professor at the University of Sulaimaniyah.
Despite public and official opposition to Ba’athist-era
laws since Saddam was overthrown in 2003, Iraqi
officials and judges still employ penal codes from
this period to punish journalists - under which they
can be sent to prison for “insulting” certain
parties, including officials, civil servants and
foreign countries.
Over the last few years, independent Iraqi Kurdish
journalists have faced dozens of lawsuits -
primarily from Kurdish officials - and say the
Ba’athist laws are one of the biggest hurdles to
press freedom in Kurdistan autonomous region of
Iraq.
The proposed law would not only prohibit jail
sentences for journalists but would also do away
with the need for government permission to launch
new media - although it would require publications
to register with the Kurdistan Journalists’
Syndicate, a professional association.
The draft took months to finalise because of
long-standing tensions between the syndicate, which
is loyal to Kurdish authorities, and independent
Kurdish journalists who say their freedoms have been
restricted in Iraqi Kurdistan.
The original version included prison sentences for
reporters and other restrictions, but journalists
pushed to have these removed during a consultation
phase.
The final draft, which has been sent to the Iraqi
Kurdistan National Assembly for consideration, is
one of the most progressive media laws in the Middle
East, said the syndicate.
The ministry of culture also reportedly drafted a
law earlier this year that would ban the
imprisonment of journalists, but its status is
unknown. The ministry did not return calls
requesting comment.
While many independent newspapers, including Hawlati
and Awene, the two most influential publications in
Kurdistan, have endorsed the media bill, editors say
the draft law does not go far enough in increasing
press freedom.
They are concerned about certain elements in the
draft, including a clause which would make it
illegal for journalists to publish news the
authorities believe may incite violence or
terrorism. Another section prohibits publishing
stories that are critical of public customs, harm
the interests of the region or infringe the rights
of religious groups.
News organisations would be fined up to two million
Iraqi dinars, or around 1,300 US dollars, for these
offences, and would also face financial penalties
for republishing stories from the international
media deemed to breach the aforementioned
conditions.
Shwan Mohammad, deputy editor-in-chief of Awene,
said that while his newspaper endorsed the draft
that “doesn't mean it is perfect”.
Awene is opposed to the parts of the bill that
prohibit publishing on certain topics, he said.
Twana Osman, an editor at Hawlati, shares these
concerns. "This press law provides the minimum of
freedom. At least it’s better than the Ba’ath
regime's law,” he said.
"We have expressed our concerns about the articles
that prohibit publishing [on certain subjects] and
we hope to amend them in future.”
Journalists are concerned that even if the draft is
passed, it will still be possible to imprison
journalists under the region’s anti-terrorism law.
This states that anyone who intentionally publishes
or broadcasts news or statements that create fear or
intimidation, or threatens the government, can face
up to 15 years in prison.
There have been dozens of cases of Kurdish security
forces briefly detaining journalists over the past
three years, which has led to mistrust between
journalists and the government.
The most notorious detention was in December 2005,
when Kurdish-Austrian writer
Kamal Sayid Qadir was
sentenced to 30 years for
“endangering national security” after he published
online articles that criticised Kurdistan Regional
Government President Massuod Barzani and Barzani’s
Kurdistan Democratic Party.
Qadir’s sentence was reduced and
he was released
in January 2006.
While Barzani pledged last year not to prosecute
writers who criticised him, the troubled
relationship between the government and independent
journalists continues.
Asayeesh, the Kurdish security forces, announced
recently that Hawlati would be charged under the
anti-terrorism law with intimidating the public,
after it published a report last month that al-Qaeda
militants were becoming active in the region.
Halo Abubakir, an undergraduate student of
journalism at the University of Sulaimaniyah, said
that the new press law, as it stands, would not
compel the Kurdish authorities and the dominant
parties to respect journalists.
"The power of the parties is often greater than
laws," he said. "If they want to arrest and punish a
journalist, they’ll find something to charge him
with."
Frman Abdul-Rahman is an IWPR correspondent in
Sulaimaniyah.
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