Moroccan newspapers ordered to pay in Kadhafi defamation suit
2009-06-30
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."
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مغربي حر Posted 2009-06-30
The press has the right to criticize any person regardless of his political affiliation on the condition that there should be clear evidence, respect the person and control words. As to the financial fine imposed on the Moroccan dailies, it has a clear explanation. It intends on the one hand to satisfy the Libyan leader, gain his friendship and not stain the environment. On the other hand it is a way to deter the Moroccan press indirectly by leaders of corruption in Morocco and state officials who support them. I reiterate from this forum my support to the Moroccan press in general and the independent press in particular which has presented recently many sensitive and highly important topics.
Anonymous Posted 2009-07-01
Up until now, Morocco was the only country in the Maghreb with any trace of freedom of the press. The farce of Casablanca has just proven that this was nothing more than a freedom under temporary reprieve; now, it has just been decapitated. Bravo Moroccan courts! You have just destroyed the last remaining light in a region enveloped in the shadows of dictatorship and the obscurantist mentality of the Middle Ages' inquisition. The North African tyrants, who fear no ridicule, continue their witch hunt. However, ridiculousness will kill the dictatorship. As Jacques Brel said, "We will see splash forth the fire of an ancient volcano we thought extinct."
BMF Posted 2009-07-01
Poor king of kings, god of gods. You frankly are a pain to us, a real mockery, a mockery for everyone. And you say that you want to be a "leader" for the peoples of the Third World!?! Do you want to do a service to all the people, the Libyans and yourself??? Retire yourself to the very depths of the Sahara in a tent and try to write your memoirs, while remembering the incalculable number of stupid things you have done ever since you started pretending to be the centre of the world. This would surely be the best seller of the century! Meanwhile, have some good sense and withdraw your complaint. Journalists ought to be free to denounce the wrongs of decision-makers and politicians, no matter the latter's real or theoretical powers and standing. Withdraw your complaint and do not abuse the power of your petrodollars against honest journalists and the flagrant weaknesses of the Moroccan regime and, thus, forced complacency and complicity. Let us all turn the page on this ridiculousness.
Acharif Moulay Abdellah BOUSKRAOUI Posted 2009-07-01
May praise be to God alone. - Our diplomatic and neighbourly relations are at their best with our Libyan brothers. I would have preferred that the Moroccan press did not take advantage of the freedom of expression to sow discord, trying to create a diplomatic crisis between Morocco and the Libyan Jamahiriya. This will never manage to happen. Our relations are quite solid. Morocco is a country that has always done its all to realise an Arab Maghreb Union. So, who benefited from this incident? Of course, the Polisario and the enemies of our territorial integrity! What did our journalists gain apart from selling a few articles and making Morocco lose a great ally to our number-on national cause: the Moroccan Sahara? So, have a little intelligence. The freedom of the press is for those who use it to benefit the entire nations and for the Arab Maghreb Union, not to abort the dream of millions of Maghreb people who wish for this union. And why did they do it precisely at this time? I thus say to our Libyan brothers that in Morocco our newspapers have great liberty, but our independent, fair courts are ready to retake the high road for all those who have gone off track. To our journalists I say that in a world where everything has gone up in flames like a powder keg, be the firemen and do not try to light matches. Libya is Morocco's friendly brother country. It is country led by a man of great wisdom, a man who deserves all the respect of not only the Libyans, but also all Maghreb people and the entire world. Libya owes its importance to this man, who has forever engraved his name in history and in the hearts of the Maghreb people and the Westerners. Now, Libya is reaping the fruit of this giant of history, President Moammar Kadhafi.
ابو العلاء Posted 2009-07-01
Closest people deserve more our good actions. If anyone of you wants change, they should begin from themselves, their families then others. But if they don't do so, neglect themselves and jump to others under the pretext of criticism, this will be impertinence and some kind of intellectual extortion. As the messenger of God said, God doesn't change the situation of people until they change themselves. I address these words to the paper which criticized the Libyan leader Moamar El Kadhafi, I say by God my brother, who among Arab or world leaders supports a whole nation? Doesn't he deserve respect and gratitude? Or have we become just good in criticizing? Or is it necessary to be a critic in order to be a reporter? I am sure the Libyan leader will forgive you. But we will always claim rights and respect. How can we accept humiliation for someone who chose to live insisting on dignity?
ِALI ABDALLAH Posted 2009-07-01
Dear Sirs, as I have said in a previous comment about this event, the Moroccan people are a brotherly and dear people to us. However, if there are among them including intellectuals and journalists who intentionally or unintentionally join the caravan of ribald paid journalists who don't appreciate responsibility and fish in turbid waters; therefore, I ask the brother leader after being granted justice by the fair Moroccan justice, to pardon and forgive those whose tongs slipped as he is known for his big heart, patience and tolerance even with historical enemies. He is a brother and father to everyone and a historical for everyone regardless of the difference and variety in opinions. My objective is that the three papers continue their publications. Those who forgive and reform will be rewarded by God. In all cases, I call upon the editor-in-chief of the sued papers to come to Libya during the main popular congresses and public congress of the people to see closely the democratic experience in Libya and the unique regime of the authority of the people then judge freely what they see and hear about the implementation of the direct popular democracy. This would be an apology for their slip of the tongue and a way of reconciliation.
LYBIEN Posted 2009-07-01
You run your mouth well, my friend!!! Where are the traces of your freedom of the press??? You dream!!! Everything is controled there! Even bashing people is part of your everyday life! So, legality is set aside for the strongest, and since Kadhafi is the strongest not you, he always wins. Bravo Moroccan justice! You are impartial!!!
وسام Posted 2009-07-02
I think that the leader Kadhafi hasn't heard about the news. What happened is just a play. The leader Kadhafi doesn't need Moroccan dirhams and doesn't need anyone. In my opinion, the paper should apologize, travel to Libya to apologize. I am sure the leader will forgive as he is known for his love for the press.
Anonymous Posted 2009-07-03
The ruling of the Casablanca court is a serious attack on the dignity of Moroccan justice, which has just gone down on its knees in front of a politi-canine, who has been the laughing stock of the world for decades. On this same occasion, Morocco has proven that it is far from being a state of law, as a state of law cannot exist without freedom of the press. You would have to indeed be naive to not believe that the state intervened behind the court's decision. Separation of power is still unknown in the countries of the Maghreb and an abomination in the eyes of its dictators. It is in such moments that the fig leaf falls and there is nothing to hide their nudity. However, not all nudity is a pleasant sight.
ALI ABDALLAH Posted 2009-07-04
As intellectuals and leaders of public opinion in our Maghreb countries as we don't like anyone to libel our leaders, rulers and prominent figures to the point of baseness and artificiality, we are also not happy with the closure of any media platform. As Mr Wissem who commented objectively about the topic has said, the leader doesn't need dirhams of Moroccans and is sad for closing a media outlet. I am optimistic that His Excellency will forgive Moroccan journalists. Therefore, if we can all communicate our voices to the leader to forgive and pardon, journalists to apologize, come to Libya to see directly the democratic experience of Libya and participate in a constructive dialog with many sides and transmit everything honestly to their readers. I will try on my side to get in touch with the media office of the leader by writing them and communicating directly or via the phone. However, I need the support of Maghrebia's readers and others including intellectuals keen on the lucidity of the Maghreb space. Is anyone listening?
marocain amazighi Posted 2009-07-04
These are lies. If Kadhafi were tolerant, why has he imprisoned Moroccans who tried to cross to Italy? If your press is free, why hasn't it written about these poor people and...?
Kate Posted 2009-07-05
There is no freedom in Morocco...
B Dawood Posted 2009-07-05
The judge who ruled in favour of Gadaffi (the lauthing stock of the arab world)is just an unknown little dictator defending a despot.In order for the arab world to progress the truth had to be heard .The problem is truth and justice is still taboo in the arab world .
ليبية حرة Posted 2009-07-06
First of all no press in the world has the right to criticize the rule in Libya in any way. This constitutes a blatant interference in the policy of a country even if the rule is dictator. Those who speak of freedom and democracy should begin with themselves. Where is democracy in Arab countries from Iraq to Morocco? My dear, we in Libya live in democracy. But even if it is not so, what happened is prejudicial to the symbol of the state. If any country has criticized King Mohamed VI, there would have been real fuss. In addition, we are happy with our situation. You don't have the right to interfere with internal affairs. This is the right of Libyans alone. Long live Libya. Long live Moamer on the top.
مواطن ليبي Posted 2009-07-06
Why is the monarchical rule not criticized in Morocco? First of all, what happens in Libya is the top democracy. I defy any Arab country to form the same relationship built by the brother leader with his people. The aim of these articles is to sow strife in the Libyan people who aren't in need of them and prejudicing the brother leaders which is a prejudice to all Libyan citizens.
Anonymous Posted 2009-07-08
It is really funny to read reactions denying anybody the right of having an opinion about Libya or telling facts about it. This is forgetting the eternal verbal attacks of Kaddafi against other peoples. Not only verbally but also in committing terrorist attacks abroad and liquidating his dissidents in other countries. He had an official name for that: 'liquidating stray dogs'. His diplomats abroad went even further by gunning a British police woman in London, Yvonne Fletcher, who was protecting their embassy. When Kaddafi suits Moroccan newspapers he interferes with press freedom in Morocco and even corrupts its judiciary system. He thinks he's got all rights because everywhere you dig a hole in the Libyan desert, you find oil. But where do you you find brains?
ali abdallah Posted 2009-07-09
dear,, sorry i can not type my opinion in arabic no arabic key board hier in vienna but want to say how to make the leader forgive the magribian journalists and not closing the dailies ,pls want brothers in libya to help,i am sure the leader of jamahyria will forget and forgive,,pls. try and help need to built the magribian space in brotherhood and cooperation,
اليبــــــــــــــــــــي Posted 2009-07-10
Ignorance will cease when everything will be uncovered.
AHMED ABDALLAH Posted 2009-07-11
I noticed with more sorrow that criticism, insinuation and underestimation of Arab regimes come from a particular Moroccan nationalism (including criticism addressed to the Moroccan regime). Our leader is the descendant of a noble Arab family. This is not approved by some “Berbers” who were saved by Arabs from paganism and darkness. They are making researches and work hard for a language which has extinguished and was unable to resist in the face of modernism like the Assyrian, Babylonian and Ahumairih languages, even Latin language has died. The author of the comment, this Amazigh man talks about Moroccans who entered and left Libya secretly through the sea without going through a legal road. This is punishable in all world laws including Morocco. They were imprisoned in Libya according to law. If I go stealthily from Tangier to Spain, I will also be punished. It seems that the owner of a paper which attacked Kadhafi (an Amazigh berber) is also a lost category which fishes in turbid water. The colonizer have recently built for them private universities and research centres to sow discord between them and their Arab brothers, drive them to cause instability and insecurity. It is a category which dreams of spreading a language which has extinguished like dinosaurs, a language which has died. This category is wasting its time in the face of the prevalence of the language of Qur'an. A language dies like anything dies. As to Amazighs, Berbers and Kurds, they dream of reviving broken languages drawing tomb drawings.
الورفلي Posted 2009-07-12
Concerning Arab papers, every paper should write about its country only and not poke its nose in affairs it is not concerned about. The Moroccan paper should begin with corruption widely-spread in your country. As to us, Libyans, we are proud of a president who is unique. Long live Moamar Kadhafi, king of kings, my master, my king the only eagle.
Anonymous Posted 2009-07-15
During the last G8 in Italy Kaddafi called for dismantling Switzerland and dividing it between Germany, France and Italy. Is this insane interference in other people's business not a good reason for keeping an eye on Libya?
جاتو Posted 2009-07-18
This is what Arabs are good at for years. Omar Ben Khattab, Othmane Ben Affane, may God rest their souls and the list is long. They have all build the triumphs of this everlasting nations. But with what have we honoured them? By killing? Isn't this enough? Now with this symbol, I say symbol in an era where men have disappeared and quasi men hold pens and opinions, we find them talk about Kadhafi. What has the unionist Moamar Kadhafi done since we have known him? He is the hailer of democracy, human rights, supporter of simple, poor and oppressed people, unifier of Africa. You were wrong and deserve the severest punishment. However, dogs bark but the caravan continues its way with assistance of God.
نا صر Posted 2009-07-20
Independent press is the symbol of free societies. Everyone is responsible for his actions.
عزة ليبيا Posted 2009-08-02
Thanks to the fairness of the Moroccan judiciary system. Our leader is the king of kings of Africa. He is the centre of the world and the focus of interest of rebels and free people in the world in spite of the cowards, faible and mercenaries. I swear that the person who wrote never visited Libya before so how can he have an idea about rule? Go ahead leader high to the glory, embrace the sky and enlighten humanity with your inspired ideas. Wish you will always remain symbol of our pride.
Khalid Posted 2009-09-22
Freedoms in general in the Arab world are absent or forced to be that way which make changes impossible and Arabs so weak and any civilized and western country can humiliate and bring their governments to bow because they are free and strong...hanging of Saddam in the Eid and the destruction of his regime are good examples of devine justice even it came late; after 30 years of terror, so who is next? Arab countries are still living in the dark ages and Islam was used and still is to keep mouths shut and brains paralyzed...Just admit it…those Moroccan newspapers are victims of political conspiracy to shut free minds and burry them in the shadow...
Said Posted 2009-09-25
Kadhafi just committed a huge violation of freedom of speech which is doesn’t exist in his own country. He doesn’t need Moroccan dirhams but he wanted to humiliate the new born freedoms in Morocco but unfortunately the Moroccan Government should side with their own newspapers and not punishing them behind a scene for a political gain, silence them, teach a lesson to others and to please a leader that has been inviting Moroccans foes to his parties such as the leaders of Polizario! Kadhafi has been always subject to western media coverage which always called him dictator and terrorism supporter… my question is how he found the guts to sue the poor Moroccan newspapers but he couldn’t dear to do the same against western media???
Farid Posted 2009-09-26
This is especially directed to the LYBIEN who posted his comment on 07/01 who said that Kadhafi always wins!!! Who paid $4 billions to the victims of poor Lockerby victims after causing hardship for his poor Libyans in a long embargo that ended with his defeat??!! Who said that I quote:" I will make my swords, sickle for crop”!!?? Right after the destruction of Saddam Hussein and his oppressive regime!!! Show of fear my friend… I highly advise you to review you knowledge about you own leader!! What happened to the Moroccan newspapers is a mockery and it is the beginning of the burial of the new born press freedom...THANKS again to Kadhafi!
Marwan Posted 2009-09-30
Unfortunately, the Moroccan judiciary system is so corrupt even most criminals get away with their crimes but they have only to show the MONEY...the strong is always above the law… There are so many professional cons who work in various courts looking for preys and blood to suck from poor Moroccan families!!! They are the middle men… When you are defending your rights, you seek lawyers' help but most of them are actors and cons as well…instead of finding proves to show your innocence, they talk to judges behind closed doors in some cases to find out how much you have to pay the judge to get out even if you are innocent... Moroccan judiciary system need to be fix and Moroccan citizens need to live with honor instead of fear and humiliation from all the governments departments and their employees who all cares about what is in your pockets!!!! citizens' dignity does not matter!!!?? KIFAYA RACHWAH (in English: ENOUGH CORRUPTION)…
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