Good Day :Media Laws in Sudan..(2)
The same problem of "conflict of laws" appears very clearly in the two articles 33, 35 from Press and Journalistic Publications Act 2009:33 Sanctions:
(1) The "Council" may inflict any of the following sanctions upon the corporate or natural person, licensed under the provisions of this Act, in case of contravention thereby, of any of the provisions there of:
A- Binding the newspaper to apologize, or publish the decision of the Council concerning the contravention;
C- Publish reprimand;
D- Suspend of the newspaper for a period not exceeding three days.
(2) The Council, before inflicting any sanction against any person, shall avail him the right of hearing and defense.
In section number (4) there is a guarantee for the right to appeal for the court.
Comments and Questions:
- If there are legal punishments over mistakes and offenses related to press and professionalism in newspapers, why not there is a clear mentioning that "no other law should be implemented on media cases and issues covered by this law".
- This law gives the right to suspend or freeze the licenses of the newspaper or the journalist to the court. It also gives the newspaper and the journalist the right to appeal to the other three judicial levels (now courts suspend any punishment automatically in order to give time for the process of the appeal); how then other laws take these rights and give them to administrative authorities.
- The world is divided into two camps: the first one supporting "criminal responsibility" upon journalists and the second one supporting "civil responsibility" upon journalists. The question is: why not we start discussion about (hybrid responsibility), in which the procedures will be civil and "sanctions or punishments" will defer from case to case relating to the nature of the mistake or the offense. Removing or copying all articles related to media and publication to Media Law according to (hybrid responsibility) will sort out the "Conflict of Laws"
- Media law in Sudan reached very advanced level but some articles need to be more comprehensive to sort out the conflict with other laws.
The matter of press freedom in Sudan is related to "Conflict of Laws".
It will be totally different if the approach is media professionalism or national security. Different approaches for media issues create this conflict.
Sometimes the authorities put Media Law aside and move very freely in this field to choose what is suitable to each case: Criminal Law – National Security Law – Criminal Procedures Law.
By Mekki Elmograbi, Email: email@example.com, 23/06/2012