{"id":16812,"date":"2026-07-29T12:12:48","date_gmt":"2026-07-29T10:12:48","guid":{"rendered":"https:\/\/zawia3.com\/?p=16812"},"modified":"2026-10-24T14:58:28","modified_gmt":"2026-10-24T12:58:28","slug":"press-freedom-egypt","status":"publish","type":"post","link":"https:\/\/zawia3.com\/en\/press-freedom-egypt\/","title":{"rendered":"Between Two Presidential Calls for Media Reform: 21 Journalists Imprisoned and a Bill on Hold"},"content":{"rendered":"

For the second time in less than a year, the file of developing the Egyptian media has returned to the forefront of official attention, after President Abdel Fattah El-Sisi<\/span> directed<\/span><\/a> the development of the media system and the opening of space for objective media dialogue that includes opinion and counter-opinion, with an annual meeting to be held to review media performance and devise practical solutions that strengthen the role of the media, during his inauguration of the state’s strategic command headquarters, “the Octagon”, in the New Administrative Capital.<\/span><\/p>\n

This call comes a few months after the end of the work of the Media Development<\/span> Committee<\/span><\/a>, which was formed by a decision of the Prime Minister in September 2025 with the aim of drawing up a roadmap for reforming the media sector. The<\/span> committee<\/span><\/a> concluded its work after about 175 hours of meetings and discussions, with the participation of 66 journalists, media professionals, academics and experts, before the head of the Supreme Council for Media Regulation, Khaled Abdel Aziz, handed its recommendations to the Prime Minister.<\/span><\/p>\n

Five months after the<\/span> submission<\/span><\/a> of those recommendations, the most prominent legislative proposals, which the participants considered an essential gateway to any real media reform, remain pending with no announced timetable for discussing or approving them. At the forefront of these proposals, recommended by the legislative committee chaired by the head of the Journalists Syndicate, Khaled El-Balshy, are the issuance of a freedom of information law and the enactment of a law prohibiting custodial sentences in publishing cases.<\/span><\/p><\/blockquote>\n

With the President of the Republic renewing his call to develop the media before the recommendations of the committee formed in response to the first call have found their way to implementation, the question returns about the fate of those legislative proposals, foremost among them the law prohibiting custodial sentences in publishing cases. Does the new call represent an opportunity to reopen this file and place it on the legislative reform agenda, or will the recommendations, as happened the first time, remain locked away in drawers, despite their direct connection to the guarantees of press freedom and to creating the legal environment necessary for any real development of the media?<\/span><\/p>\n

 <\/p>\n

Recommended reading:<\/b> Government Interventions Spark Anger over the “Trade Unions” Law<\/span><\/a><\/p>\n

The Journalists Syndicate’s Draft: Ready for Approval<\/b><\/h1>\n

According to the draft law abolishing custodial sentences in publishing and publicity offences, which the Journalists Syndicate prepared and submitted to the Media Development Committee and a number of officials, and a copy of which Zawia3 obtained, the bill does not aim to decriminalise these offences or to exempt those who commit publishing offences from legal accountability; rather, it is based on a different legislative philosophy that replaces custodial sentences with financial or civil penalties proportionate to the nature of publishing offences, striking a balance between holding the wrongdoer accountable and protecting the constitutional right to freedom of expression.<\/span><\/p>\n

The bill defines publishing and publicity offences as all offences committed using means of publication or publicity, whether publicity is an essential element of the offence, a means of committing it or a circumstance connected with its occurrence, without limiting them to what is published in newspapers and traditional media, so that they also include electronic means of publication and other means of expression.<\/span><\/p>\n

The bill, prepared by the Freedoms and Legislation Committee of the Journalists Syndicate’s Sixth General Conference, is based on Article 71 of the constitution, which established a general rule prohibiting the imposition of custodial sentences for offences committed by means of publication or publicity, while retaining only three exceptions: offences relating to incitement to violence, discrimination between citizens, or impugning the honour of individuals.<\/span><\/p>\n

The bill’s explanatory memorandum starts from the premise that the passage of more than a decade since the 2014 constitution was issued, with dozens of legal provisions permitting imprisonment for publishing offences still in place, has created a conflict between the constitution and the legislation in force, which calls for legislative intervention to bring the legal system into line with the constitutional text. The memorandum considers that keeping these provisions opens the door to the continued issuing of prison sentences based on laws that conflict with the constitutional guarantees of freedom of expression.<\/span><\/p>\n

To achieve this goal, the bill provides for the abolition of detention and imprisonment penalties in all publishing and publicity offences set out in Egyptian laws, while retaining the financial penalties stipulated in the penal provisions. If the penal article does not include a fine, the bill grants the court the power to impose a fine ranging between EGP 1,000 and EGP 100,000, while retaining the three exceptions set out in the constitution.<\/span><\/p><\/blockquote>\n

The bill’s philosophy also draws on the jurisprudence of the Supreme Constitutional Court, which has affirmed in more than one ruling that freedom of expression must not be burdened with restrictions that lead people to refrain from exercising it, and that custodial sentences are among the harshest restrictions that can be imposed on the right to express an opinion. The memorandum cites the comparative trend in a number of countries that have replaced imprisonment for publishing offences with fines and compensation, as being more consistent with the protection of freedom of expression and more capable of redressing harm without infringing personal liberty.<\/span><\/p>\n

For his part, writer and journalist Khaled El-Balshy, head of the Journalists Syndicate, says that the bill abolishing custodial sentences in publishing cases has followed an official path over the past months: it was sent to Counsellor Mahmoud Fawzy, Minister of Parliamentary and Legal Affairs and Political Communication, and to the Prime Minister, and was also handed to a number of members of the House of Representatives, before official correspondence indicated that it had been referred to the Ministry of Parliamentary Affairs to take the necessary measures.<\/span><\/p>\n

El-Balshy adds, speaking to Zawia3, that the bill was put forward again during the work of the Media Development Committee, in which he chaired the legislative committee, stressing that the committee adopted the bill in its original form without any amendments, before it was submitted as part of the final recommendations to the Cabinet and the Presidency, alongside continued communication with members of parliament to mobilise the support needed for its approval.<\/span><\/p>\n

The head of the Journalists Syndicate stresses that the bill is not limited to protecting journalists, but that its effect extends to everyone who exercises their right to publish and express themselves, whether through the press, digital platforms or any other means, since the proposed protection concerns publishing offences in general, not the journalism profession alone. He points out that the bill fully complies with the text of Article 71 of the constitution and does not abolish penalties for all offences, but retains the three exceptions set out in the constitution, while replacing prison sentences in all other publishing offences with other penalties determined by law.<\/span><\/p>\n

El-Balshy notes that the idea of the bill is not new, but goes back to the work of the committee formed after the approval of the 2014 constitution to prepare the legislation regulating the media, known as the “Tripartite Committee”, which was chaired by the late politician Hussein Abdel Razek and whose members included Dr Ali Abdel Aal and Khaled El-Balshy, before it later developed into a bill that the Journalists Syndicate has adopted and puts forward again in every round of media legislation reform.<\/span><\/p><\/blockquote>\n

The Bill: A Translation of Article 71 of the Constitution<\/b><\/h1>\n

A previous<\/span> report<\/span><\/a> by Zawia3 on efforts to develop the Egyptian media concluded that any real reform of the media system cannot succeed in isolation from a review of the legislation restricting journalistic work, foremost among it the laws that allow imprisonment in publishing cases. A number of journalists and experts who took part in the report agreed that developing the media is not linked only to updating content, training staff or restructuring institutions, but begins with establishing a legislative environment that guarantees the freedom of journalistic work and citizens’ right to know.<\/span><\/p>\n

The participants in the report considered that reviewing legislation, issuing a freedom of information law and abolishing custodial sentences in publishing cases are not separate syndicate demands, but represent the legislative pillar on which any serious project to develop the media and restore its role in the public sphere rests.<\/span><\/p>\n

In this context, Mohamed Basal, writer and legal researcher, believes that the delay in issuing a law prohibiting custodial sentences in publishing cases keeps a gap open between the constitution and penal legislation, even though 12 years have passed since the 2014 constitution was approved.<\/span><\/p>\n

He explains, speaking to Zawia3, that Article 71 of the constitution established a general rule prohibiting the imposition of custodial sentences for offences committed by means of publication or publicity, considering that this rule “is not a grant from anyone, but a reflection of the development assumed in the Egyptian state’s approach to freedom of expression, the right to voice an opinion and to disclose intellectual production, free from tyranny and arbitrariness”.<\/span><\/p>\n

Basal adds that this approach is consistent with Egypt’s international obligations, foremost among them the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as with the established legislative trend in a number of countries that abolished prison sentences for publishing offences decades ago, such as Britain in 1880 and France in 1928. He argues that modern legal jurisprudence, supported by criminal and social studies, now considers fines and compensation more effective in achieving deterrence and redressing harm, while imprisonment no longer represents an appropriate means in cases related to freedom of expression.<\/span><\/p>\n

Basal stresses that the bill adopted by the Sixth General Conference of the Egyptian Press is based directly on Article 71 of the constitution and aims to translate this constitutional text into enforceable legal rules, preventing it from being circumvented through the continued application of older legislative provisions that include prison sentences for publishing offences. He cites rulings of the Supreme Constitutional Court, which has warned on more than one occasion against “imposing restrictions that burden freedom of expression in a way that keeps citizens away from exercising it”, and affirmed that “the path to national safety lies in guaranteeing equal opportunities for open dialogue”. He believes that “the harshest restrictions that can be imposed on freedom of expression are custodial sentences in cases whose essence is opinion and criticism”.<\/span><\/p><\/blockquote>\n

He adds that depriving citizens of their liberty because of what they write, publish or say “is not the most appropriate legal approach to addressing excesses in the use of freedom of expression”, because the object of criminalisation in this case is intellectual production itself, which by its nature differs from conventional crimes and requires means of accountability more proportionate to the constitutional right of expression.<\/span><\/p>\n

Basal concludes by saying that the continued application of legal provisions permitting imprisonment, despite an explicit constitutional text prohibiting it, raises suspicions of unconstitutionality and may threaten the soundness of rulings issued on their basis. He believes that issuing a law abolishing custodial sentences for publishing offences is not merely a political message affirming the state’s respect for the constitution, but a necessary legislative tool for bridging the gap between constitutional principles and legal and practical reality.<\/span><\/p>\n

 <\/p>\n

Recommended reading:<\/b> Media Development in Egypt: An Opportunity for Real Reform or a Repeat of the “National Dialogue” Scenario?<\/span><\/a><\/p>\n


\nAlternatives to Imprisonment: How Do We Protect Freedom of Publication?<\/b><\/h1>\n

Iman Ouf, rapporteur of the Freedoms Committee at the Journalists Syndicate, says that the demand to abolish custodial sentences in publishing cases has been one of the core demands of the journalistic community for years, pointing out that about 21 journalists are currently imprisoned, and that most of the cases they face are linked to publishing in newspapers, on news websites or on social media platforms.<\/span><\/p>\n

Among the most recent and most controversial of these cases is that of the writer and poet<\/span> Ahmed Douma<\/span><\/a>: on 3 June 2026, the New Cairo Misdemeanour Court<\/span> sentenced<\/span><\/a> him to one year in prison with labour, to be enforced immediately, after convicting him of spreading false news, over an opinion article titled “From the Prison Within the State to the State Within the Prison”, published on 25 March 2026 on the Al-Araby Al-Jadeed website, in which he addressed the impact of imprisonment on the stability of the state, as well as a social media post about detention conditions in Egypt. On 16 July, the New Cairo Misdemeanour Appeals Court rejected Douma’s appeal and upheld his one-year prison sentence with labour and immediate enforcement, making the ruling enforceable. Meanwhile, rights organisations<\/span> considered<\/span><\/a> the case to be linked to the exercise of the right to freedom of expression and demanded that the ruling be overturned and that he be released; his defence argued that the constitution limited imprisonment for publishing offences to specific forms, namely incitement to violence, discrimination between citizens and impugning honour, and that what Douma published does not warrant imprisonment, which is the core of what the bill seeks to settle legislatively.<\/span><\/p>\n

Ouf believes, speaking to Zawia3, that the continued existence of provisions permitting imprisonment in publishing cases imposes direct restrictions on journalistic work, despite the existence of more appropriate legal and professional alternatives, such as the right of reply and correction and syndicate accountability. She describes imprisonment as “a sword hanging over journalists’ necks”, especially with charges such as “spreading false news” being brought, which has helped entrench the phenomenon of self-censorship and pushed many journalists to avoid covering corruption files or economic and social issues for fear of criminal prosecution.<\/span><\/p><\/blockquote>\n

Ouf links this reality to the absence of a freedom of information law, considering that the difficulty of accessing official information pushes sources to refrain from making statements and also forces journalists to work in an environment lacking transparency, which opens the door to rumours instead of limiting them. She stresses that the press cannot perform its oversight role in the absence of legislative guarantees that protect freedom of publication and guarantee the right of access to information.<\/span><\/p>\n

For his part, Ahmed Abdel Nabi, executive director of the Regional Center for Rights and Liberties, believes that issuing a law prohibiting custodial sentences in publishing cases represents one of the most important legislative reforms needed to strengthen freedom of opinion and expression and to create a more open and responsible media environment.<\/span><\/p>\n

He tells Zawia3 that comparative experience has shown that protecting reputation and personal rights does not require resorting to prison sentences, but can be achieved through more proportionate legal means, such as civil compensation and the right of reply and correction, tools that redress harm without infringing personal liberty or creating a deterrent effect that limits freedom of expression.<\/span><\/p>\n

He explains that Article 71 of the Egyptian constitution established a clear rule prohibiting the imposition of custodial sentences for offences committed by means of publication or publicity, except in the cases specified by the constitution, which makes a review of existing legislation necessary to ensure its consistency with constitutional provisions. He points out that the continued existence of legal provisions permitting imprisonment for some publishing offences creates a state of legal uncertainty and negatively affects the practice of journalistic and media work, and also restricts the right to the circulation of information and limits public debate, as a result of the deterrent effect it imposes, which pushes journalists and writers to avoid addressing certain issues for fear of criminal prosecution.<\/span><\/p>\n

Abdel Nabi stresses that any legislative reform in this file should strike a balance between protecting freedom of expression and safeguarding individuals’ rights, by replacing prison sentences with proportionate civil penalties, while retaining criminalisation and deterrent penalties for the offences excepted by the constitution, alongside strengthening the mechanisms of the right of reply and correction and civil compensation, and guaranteeing the independence of the judiciary and the speedy resolution of publishing disputes. He concludes by stressing that aligning the legislation regulating publishing and the media with the provisions of the constitution and international standards will not only help protect press freedom, but will also strengthen trust in institutions and support the role of professional media as a partner in entrenching transparency and accountability and supporting development.<\/span><\/p>\n

In the same vein, a research<\/span> paper<\/span><\/a> issued by the Regional Center for Rights and Liberties titled “A Legislative Map of the Penalty of Imprisonment in Publishing and Publicity Offences” explained that the effect of continued prison sentences for publishing offences is not limited to journalists and writers, but extends to society as a whole, as it creates a climate of fear and self-censorship that leads people to avoid addressing public issues or publishing information for fear of criminal prosecution. The paper considers that this reality negatively affects the right to the circulation of information, weakens the quality of public debate and limits the ability of the press to perform its oversight role, stressing that Article 71 of the constitution did not aim to abolish accountability for publishing offences, but to replace prison sentences with means more proportionate to the nature of expression offences, while retaining the constitutional exceptions relating to incitement to violence, discrimination and impugning honour.<\/span><\/p>\n

The paper points out that the alternative does not lie only in decriminalisation, but in reformulating the system of penalties, by limiting them to fines and civil compensation and activating the right of reply and correction, alongside professional accountability mechanisms, as tools that achieve deterrence and redress harm without infringing freedom of expression. It concludes that aligning legislation with the constitution requires limiting criminal penalties to cases that pose a real danger, and dealing with the remaining publishing disputes through legal and civil means that guarantee the protection of rights while at the same time preserving freedom of expression as a fundamental pillar of the public sphere.<\/span><\/p><\/blockquote>\n

The bill prohibiting custodial sentences in publishing cases is still waiting to be placed on the legislative agenda. While official calls to develop the media are renewed, bringing this bill to light remains one of the most prominent tests of the extent to which these calls turn into actual legal reforms; reforms that guarantee press freedom, provide a legislative environment more consistent with the constitution, and strike a balance between protecting freedom of expression and the right to publish on the one hand, and ensuring that wrongdoers are held accountable through legal and civil means proportionate to the nature of publishing offences on the other.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Article 71 of the constitution has prohibited the imprisonment of journalists for publishing offences since 2014, but 12 years later the bill translating this text remains pending despite its approval by the Media Development Committee and its referral to the Cabinet<\/p>\n","protected":false},"author":4,"featured_media":19515,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"footnotes":""},"categories":[390],"tags":[],"kateb":[728],"class_list":["post-16812","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-human-rights","kateb-shimaa-hamdy"],"jetpack_featured_media_url":"https:\/\/zawia3.com\/wp-content\/uploads\/2026\/10\/press-freedom-law-cover-2026.png","_links":{"self":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/16812","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/comments?post=16812"}],"version-history":[{"count":7,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/16812\/revisions"}],"predecessor-version":[{"id":23960,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/16812\/revisions\/23960"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/media\/19515"}],"wp:attachment":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/media?parent=16812"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/categories?post=16812"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/tags?post=16812"},{"taxonomy":"kateb","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/kateb?post=16812"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}