Moroccan newspapers ordered to pay in Kadhafi defamation suit

30/06/2009

A Casablanca court's 3.5 million-dirham defamation ruling in favour of Libyan leader Moamer Kadhafi has triggered the resentment of journalists across Morocco.

By Naoufel Cherkaoui for Magharebia in Rabat – 30/06/09

[Christophe Simon/AFP/Getty Images] Libyan leader Moamer Kadhafi originally sought 90 million dirhams in damages from Moroccan newspapers he accused of attacking his dignity.

The Casablanca Court of First Instance ordered three independent Moroccan newspapers and their staff members on Monday (June 29th) to pay damages in an unprecedented defamation lawsuit brought by the Libyan embassy on behalf of Libyan leader Moamer Kadhafi.

The three newspapers – Al Jarida Al Aoula, Al Ahdath Al Maghribia, and Al Massae – were ordered to pay 1 million dirhams each for "defamation and belittling the dignity of a head of state". In addition, the three papers' managing editors and two additional journalists were fined 100,000 dirhams each for their involvement.

The three dailies had published articles in recent months that criticised the Libyan leader and questioned the absence of democracy in his country.

The case was groundbreaking; never before had a foreign embassy brought a suit against the press under Moroccan law. The controversial verdict was immediately criticised by the National Moroccan Press Union (SNPM) at a protest rally following the trial.

"Our initial stance is that the freedom of press and constructive criticism must be respected," said SNPM Secretary-General Mohamed Eddaou Siraj. "We denounce this court decision against the three newspapers, as it undermines the experiment of independent press in Morocco."

He added: "The articles don't include any express defamation of the person of the Libyan leader. Our union disagrees with the court's conviction against the journalists of these newspapers."

Kadhafi initially filed for 90 million dirhams in damages, a sum many news professionals considered excessive.

Siraj called the Libyan leader's decision to claim such a large amount "strange", saying that the compensation matched neither the contents of the articles nor the financial position of the newspapers.

"We hope that the Libyan government will abandon this legal action against the newspapers, that criticised the Libyan leader with good intentions," he concluded.

Abdelsalam Andalusi of the Arab Human Rights Committee told Magharebia it is customary for cases like these to result in statements denouncing the offending articles. "However, what we are seeing now is an attempt from the Libyan regime to shut down three Moroccan newspapers that are known for their distinguished editorial line and for their constructive criticism against heads of state. No one could prove that these newspapers had entered into a political game that would turn the scales in favour of one party against the other."

"This comes at a time when the independent press in Morocco is suffering in order to ensure a margin of freedom," he added.

Rashid Nini, chief editor of Al Massae, told Magharebia: "This verdict was to be expected, as it was a political trial. I didn't attend... thinking that it was only a farce in which the Moroccan judiciary was implicated."

Nini suggested that the real complainant was not Kadhafi, but the Moroccan government, "in an attempt to continue in settling its score with the independent press that sometimes disturbs it with its rather harsh language".

He maintained that his paper did not criticise anyone. "How can we be punished for talking about the Libyan leader when we criticise the King of Morocco himself?" he asked.

"It's a political ruling which was pronounced by a court that lacks independence in favour of the Libyan dictator," said Ali Anouzla, head of Al Jarida Al Aoula, in a press statement. "We shall appeal the ruling, but this will not prevent us from continuing in our criticism of the Libyan regime."