Abu Dhabi // The Government plans to clarify its new media law, which some observers have said is too vague. The draft law was passed by the Federal National Council (FNC) on Tuesday, although it must still be approved by the Cabinet and the President to take effect.
The first draft of the 45-article piece of legislation was written by the National Media Council, a government body that oversees journalists. An FNC committee then reworked the draft, making changes to at least 60 per cent of its provisions. Ibrahim al Abed, the NMC's director general, said the Government would release an appendix to the law within eight weeks that should clear up what critics have termed "vague provisions".
The additional pages will also help judges, media organisations and journalists better understand the new law, he said, adding that the "executive regulation... will be more specific". Under the proposed legislation, journalists are protected against being imprisoned for what they write, but can face hefty fines for publishing or broadcasting material that harms national interests or the economy.
Mohammed Yousef, the director of the UAE Journalists Association, said last week that he would continue to lobby for changes to the law before it was passed. Mr Yousef said the FNC committee had integrated almost none of his association's recommendations. Other critics have said the articles were too open to interpretation and could have a chilling effect on the way the media is able to report. But according to Mr al Abed, the legislation is aimed at preventing stories from being fabricated.
"If one is confident of the source, then there's no problem," he said. "We're talking about rumours such as spreading false news about a major company going bankrupt or that the economy is collapsing." The appendix could include more details about who would be held liable in a media case, whether it will be the individual journalist, the editor-in-chief, or the news organisation as a whole. According to the draft law, the responsibility is to be shared by the editor-in-chief and the journalist, although media organisations could be fined.
Mr al Abed defended the fines, which start at Dh10,000 (US$2,720) and rise to Dh5 million for insulting the President, the Vice President, the Rulers, and the Crown Princes and their deputies. "If a member of the public or an authority was insulted then they have the right to sue the media," he said. "Everyone has the right to complain to the judiciary if they were insulted." He added: "There's a difference between criticising and insulting."
Mr al Abed urged the media not to be discouraged by the proposed law, pointing out it has been 28 years since a journalist has been prosecuted. "Some said the law was a step back," he said. "It's the opposite because the previous [media] law of 1980 included 18 penalties, whereas this one has less than four penalties and all of them are fines. The previous law included imprisonment penalties that could reach to as many as five years. The current law has no provision of imprisonment."
He continued that the draft law should be viewed positively as it "guarantees the freedom of expression, and it stresses that there is not censorship prior to the publication". Dr Anwar Gargash, Minister of State for FNC Affairs, as well as Minister of State for Foreign Affairs, said the draft law was a move "towards developing a healthy media in the country". "Media freedom is important in strengthening the UAE's developmental drive while upholding the rich traditions and cultural heritage of the nation," he said.
Sheikh Mohammed bin Rashid, Vice President of the UAE and Ruler of Dubai, issued a decree last year that bars journalists from being jailed. The draft law gives journalists the right to refrain from divulging their sources. In countries including Britain, Canada and the US, reporters can be legally required to disclose their sources and jailed if they fail to do so. mhabboush@thenational.ae
