Adala For All Association (AFA) firmly denounces resolution No. 811 of 2022 regarding audiovisual media activity in Libya, issued by the Government of National Unity, as a violation of the constitutional declaration and the International Covenant on Civil and Political Rights. AFA considers that the best way to counter the arbitrariness of the executive authority is to resort to the administrative judiciary, which has the authority to cancel such decisions which violate the constitution.
15 December 2022 | The Cabinet of the Government of National Unity’s resolution No. 811 of 2022 was issued on 15 September 2022 in order to draft conditions and regulations related to practicing audiovisual media activity. AFA at the time called for the abolishment of the said resolution for the grave violations it includes, which threaten the diversity and multiplicity of the Libyan media scene.
🔴 Resolution No. 811 of 2022 regarding audiovisual media includes peculiar clauses that violate the freedom of media
AFA affirmed in a joint statement issued in October 2022, that this resolution included peculiar clauses that violate the freedom of media, such as the conditioning of permission of security authorities or the Libyan Intelligence Agency, thus facilitating the ability of civilian and/or military security authorities to arbitrate in regulating audiovisual media-outlets. In addition, the resolution included drastically-increased licensing fees and more complicated procedures for obtaining permission to practice for the media, which goes against the principle of equal opportunity and anti-discrimination, as guaranteed in the Constitutional Declaration.
Numerous media organizations, associations, and institutions are preparing to appeal the resolution before the judiciary. Such a resolution should legitimize regulating the audiovisual communication sector, to guarantee the diversity and multiplicity of the media scene and the transparency of media outlets. We are of the opinion that the government should not control the media sector as successful elections will require guarantees of protection for media organizations, including protection from threats of political polarization or any threats of closure.
🔴 AFA considers resolution No. 811 of 2022 null and void as it contradicts article No. 14 of the Constitutional Declaration
AFA considers resolution No. 811 of 2022 null and void as it contradicts article No. 14 of the Constitutional Declaration which states that the state guarantees freedom of opinion, freedom of individual and collective expression, freedom of scientific research, freedom of communication, freedom of press, media, printing and publishing, freedom of mobility, and freedom of peaceful assembly, protest and sit-in, according to the law.
The International Covenant on Civil and Political Rights states, “The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”
AFA and other like-minded civil society organizations call on the Government of National Unity to withdraw proposed resolution No. 811 of 2022, and in its’ place to start an open and transparent dialogue with institutions and experts to draft a law that respects the freedom, independence, diversity and the vitality of the media.
Click here to read about the draft law on media activity presented by associations of the Libya Platform (Arabic Version)
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