National Press Council Reform in Morocco: What's New?

The Moroccan media landscape has undergone significant structural transformations over the last decade. Central to this evolution is the transition from government-led oversight to professional self-regulation. This shift was solidified by the establishment of the National Press Council (Conseil National de la Presse), a pivotal institution designed to uphold the integrity of journalism while fostering an environment of independence and accountability.

Understanding the legal framework governing this institution is essential for journalists, media investors, and the public alike. By examining Law No. 90.13 and related decrees, we can gain a clearer picture of how Morocco is balancing the constitutional right to information with the necessity of professional discipline.

The Foundation and Mandate of the National Press Council

The National Press Council was established under Law No. 90.13, enacted following the Royal Decree (Dahir) of March 2016. According to Article 1 of this law, the Council is defined as an independent body with legal personality and financial autonomy. Its primary headquarters are located in Rabat.

The Council is entrusted with several critical missions aimed at elevating the quality of the Moroccan press:

• Ethics and Standards: It ensures that professional journalists and media outlets adhere to the Code of Ethics and the laws governing the profession.
• Protection of Public Rights: It safeguards the citizen's right to pluralistic, free, honest, and responsible information.
• Self-Regulation: It promotes democratic self-governance within the sector, moving away from direct administrative intervention.
• Sector Development: It works toward the modernization of the press and publishing industry.

By centralizing these functions within a body composed of professionals, the Moroccan legislator aimed to create a peer-review system that understands the nuances of media work better than traditional administrative or judicial bodies might.

Rights of the Journalist: The "Conscience Clause" and Contractual Protections

A unique aspect of Moroccan media law is the protection of a journalist's moral and intellectual integrity. Under the Statute of Professional Journalists, specific provisions allow journalists to protect their professional standing during times of corporate change.

For instance, the law addresses scenarios where a journalist may terminate their employment contract without the usual notice periods required by Article 21. These scenarios include:

1. The cessation of a daily or periodical publication or the closure of a broadcasting agency for voluntary reasons.
2. A "radical change" in the character or orientation of the press organization.

This latter point is particularly important for press freedom. If a media outlet changes its ideological or editorial stance in a way that harms the journalist's moral interests or deeply held beliefs (often referred to in legal circles as the "conscience clause"), the journalist has the right to leave. This ensures that journalists are not forced to compromise their ethics to maintain their livelihood.

Technical Oversight and the National Frequency Plan

The modernization of the media sector is not limited to editorial content; it also involves the technical infrastructure required for broadcasting. Morocco maintains a rigorous system for managing the radio frequency spectrum, which is vital for television and radio stations.

Under the Decree determining the conditions for preparing and updating the National Frequency Plan, the National Agency for Telecommunications Regulations (ANRT) prepares the plan in consultation with several key ministries and institutions. Article 3 of this decree lists the relevant authorities that must be consulted, including:

• The Ministry of Communication.
• The Ministry of Interior.
• The High Authority for Audiovisual Communication (HACA).

This multi-sectoral approach ensures that the distribution of frequencies remains fair and aligned with national strategies for digital and technological development.

Regional Development and Media Infrastructure

In addition to regulatory bodies, the Moroccan state has established specialized agencies to promote economic and social development, which indirectly supports the media environment by improving infrastructure and regional connectivity.

Decrees relating to the Agency for the Promotion and Economic and Social Development of the Southern Provinces and the Agency for the Oriental Region highlight the government's decentralized approach. While these agencies are headquartered in Rabat, their board of directors—chaired by the Head of Government—includes various ministers (Interior, Finance, Agriculture, etc.) to ensure that development projects reach every corner of the Kingdom. For the media sector, this translates to better access to information and resources for regional journalists and local media outlets.

Conclusion: Key Takeaways

The reform of the National Press Council and the broader media legal framework in Morocco represents a commitment to professionalizing the industry. By moving toward a model of self-regulation, the law provides journalists with both the responsibilities of ethical reporting and the protections necessary to maintain their integrity.

Key Takeaways:

• Professional Independence: Law No. 90.13 grants the National Press Council the power to regulate the profession independently.
• Ethical Safeguards: Journalists are protected from radical editorial shifts that conflict with their beliefs through specific contractual exemptions.
• Structured Governance: Technical aspects like frequency management and regional development are handled through inter-ministerial coordination to ensure transparency.
• Accountability: The Council serves as the primary guardian of the Code of Ethics, ensuring that the right to information is exercised responsibly.

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