SOMALI REPUBLIC

TRANSITIONAL FEDERAL GOVERNMENT

Media Law

Approved by Transitional Federal Parliament on 8 December 2007

ARTICLE 1 Definition of the Somali Media & Its Objectives The media is the system through which information, knowledge, speech, data and ideas are disseminated to society, utilizing visual, auditory and print devices. These include newspapers, radio, television, press organizations, websites, speech, film, drawings, books and other printed material available to the pubic with objectives of the media: a) Safeguarding and promoting the Islamic religion, as well as justice, culture, democracy, solidarity and the unity of the Somali state and nation. b) Promoting public awareness and education. c) Disseminating correct information and ideology. ARTICLE 2 Freedom of the Media 1. The media is free to disseminate information and data while abiding by the laws regulating it and the state laws. 2. Freedom of expression and ideas is guaranteed by the Transitional Federal Charter of the Somali government as depicted in article 20 section 1 and 2, the Universal Declaration of Human Rights (UDHR) and international treaties, as well as by those regional and global conventions of which Somalia is a member. 3. The media cannot be censored and cannot be compelled to publicise information complimentary either to the government or to the opposition. ARTICLE 3 The Media Law 1. The media law will regulate the diverse activities of the media regardless of whether that media organisation is publicly or privately owned. 2. The law will regulate the relations existing between the Ministry of Information and the media while standardising the relations between the media, society and the government. ARTICLE 4 Privately Owned Media 1. It is permissible for all Somali citizens, organisations and companies to open a private media organisation when they have completed the following requirements: a) That an application be written specifying the nature of the media organisation they intend to establish, while conferring with the Ministry of Information and the National Media Council. b) That the type of media organisation be specified, its capacity, its power, its quality, and whether it is solely owned or a company, what technology it uses, and the frequency and wave bands of its operation. c) That the technology utilised should not harm the environment or jeopardise the efficiency of the media. 2. All private media organisations operating currently should forward to the National Media Council a request for authorisation to operate presenting all information concerning their respective media such as their structure and other pertinent information. 3. Private media organisations cannot operate unless authorisation and registration to operate have been given by the Ministry of Information. ARTICLE 5 Foreign Media Institutions 1. Media institutions and international press organisations are permitted representatives who permanently or temporarily operate in Somalia. They will also be free to establish co-operative or shareholding

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agreements with local media or press organisations on the condition that they do not violate Somali state laws or media ethics. All foreign media institutions and any other elements interested in opening media organisations, or those interested in reaching agreements with existing local media organisations, should contact the Ministry of Information in order to harmonise their requirements with state laws. A foreign journalist should abide by state laws and should avoid any actions contravening media law, Islamic doctrine, Somali traditions, the unity & stability of Somalia, and other state laws. Representatives of foreign media organisations and their journalists will be temporarily suspended from practicing their occupations if they are accused of violating this law. This suspension will operate until their case is handled properly, that is, when the case has transferred to the courts. If they are found guilty, they will be subject to punishment such as the withdrawal of their permits or the serving of prison sentences. Foreign media when sending a representative to Somalia should contact the National Media Council to be advised on the regulations to which they are subject in order to abide by existing laws. They will be registered and subject to authorisation by the Ministry of Information.

ARTICLE 6 The National Media Council 1. A National Media Council will be in place. It will be an autonomous Council with the capacity and knowledge to understand the media. It will oversee the activities of the media. a) The National Media Council will comprise of 15 members. b) 10 members will be elected from the private media, and five members will be nominated from publicly owned media by the Ministry of Information. c) The National Media Council elections will be subject to the approval of the Ministry of Information. 2. The National Media Council will be responsible for: a) Conservation and enforcement of media law and accompanying media ethics. b) Mediation and resolution of disagreements between public media institutions, private media institutions, the government and society. c) Evaluation and operation of private media organisations. d) Evaluation and proposals for concluding agreements between local and foreign media organisations. e) Advising local media organisations in matters concerning the state and international law. f) Preservation and defence of the rights of journalists. g) Proposing the withdrawal of permits issued to private local media organisations. h) Registration of complaints and grievances from journalists, media organisations and the government; and taking appropriate decisions concerning such complaints. i) Taking disciplinary action against private media organisations and journalists. 3. Those interested in establishing a media organisation will forward a request to the National Media Council so that an evaluation can be made as to whether requirements on that organisation have been fulfilled. The Council will then submit an application for registration of the organisation to the Ministry of Information. 4. The National Media Council will be elected biannually, every two years. The council will be subject to a byelaw stipulating its role and its rules. ARTICLE 7 Registration, Services, Ownership, Administration and Responsibility 1) Registration: All media organisations such as radio stations, TV stations, newspapers, print companies, media training institutions, advertising companies, internet companies, cinemas, telecommunications organisations, and other media organisations, whether existing organisations or newly establishing ones, must register with the Ministry of Information.

2) Services: Privately owned local and foreign media organisations will pay registration fees annually. Foreign journalists operating in the country will work under media regulations as issued by the Ministry of Information in consultation with the Revenue Authority. 3) Ownership, Administration and Responsibility: Every privately owned media organisation will have a contactable owner and an executive director responsible for its operations. The ownership certificate with the name of the owner, his/her business address, his/her private address and the type of media organisation owned will be attached to the application for registration. Likewise, the application will specify the name, qualifications and relevant experience of the executive director. The two positions, i.e. owner and executive director, can be assumed by one person if required. 4) The Address of the Media Organisation: Every media organisation will possess a business address or contact specifications, for example, a P.O. Box, e-mail address, fax and telephone number. If any of these addresses or contact specifications are not available, others should be used. No media organisation will be established until the afore-mentioned requirements are fully completed. 5. Timeframe: Authorisation for the establishment of the media organisation will be given within 30 days and after the conditions and requirements prescribed in the current law are fully met. Unless there is good reason, the media organisation cannot undertake any activity during the period awaiting authorisation. Authorisation will be issued to currently operating media organisations within 30 days, starting from the date of the presentation of the request. The said media organisations can continue their operations until receipt or denial of authorisation by the Ministry of Information. 6. Complaints: If the applicant forwarding the request for the establishment of a private media organisation, or a previously operating media organisation, is not satisfied with the National Media Councils decision, he/she has the right to present a complaint to the Ministry of Information. If not satisfied with the decision of the Ministry of information, the applicant has the right to forward the complaint to the regional court within 10 working days starting from the date the decision was taken by the Ministry of information. ARTICLE 8 Forfeiture of Registration Permit The media organisation that procured a registration permit will forfeit the registration permit if the organisation fails to start operating within 6 months, or if any technological problem suspends its operation for a period of 6 months. ARTICLE 9 Title and Signification 1. Any newspaper, whether a daily or a periodical or any other type of publication, will print in each issue the title of the publication, the date of its issue, its business address, and the names of the executive director and editor. 2. Any newspaper will deposit one copy, as a sample, of its first issue with the National Media Council, the Ministry of Information, the regional court and the office of the Attorney General. ARTICLE 10 Changes Occurring to previously registered Media Organisations If any change occurs in the appearance, the capacity or the efficacy of a media organisation that has received authorisation and has been registered previously, the owner or the person responsible for that organisation concerned will submit a report on the changes encountered, and on changes made to the National Media Council, the Ministry of Information, and the regional court. The report will be registered within 7 days. ARTICLE 11 Alterations occurring to the Ownership, Title or the Executive

The National Media Council, the Ministry of Information, the regional court and the office of the Attorney General will be informed of any alterations occurring to the title, the ownership of the organisation, or its executive directorship, and all such alterations will be registered accordingly. ARTICLE 12 Media Ethics Somali national media law is based on Islamic doctrine and Somali tradition. Hence, the Somali media will avoid broadcasting and disseminating material jeopardising Islamic religion, Somali traditional ethics, the unity of the Somali people and the sovereignty the Somali republic. The media will also avoid: a) Broadcasting or disseminating false and unfounded information or data. b) Broadcasting or disseminating information that endangers the stability of the nation. c) Broadcasting or disseminating programmes, publications or articles whose contents are contrary to Islamic religious practice and doctrine. d) Disseminating and publishing pornographic pictures whether actual or artificial unless intended for scientific research or information. e) Newspapers will avoid depicting tortured human bodies, sexual violence and other pictures that can spread shock within the community. f) Broadcasting or disseminating information constituting national secrets. ARTICLE 13 Unlawful Media 1. Any person establishing an unauthorised and unregistered media organisation or disseminating information will be brought to justice and the media organisation will be immediately closed. 2. A company or a person displaying an unlawful publication will be fined an amount of money between US$50 and US$150, but only if his/her actions do not constitute a more serious offence. ARTICLE 14 Unlawful Alterations 1. Any media organisation that intentionally issues newspapers or a publication other than the registered and authorised publication, where such alteration was not legally approved by the state, will pay a fine of US$500, but only if his/her actions do not constitute a more serious offence. 2. The organisation thus fined will be required to issue the originally authorised and registered issue until the proposed alteration is legally approved. 3. Any media organisation that undertakes an alteration in its publication or other organ and broadcasts information will pay a fine amounting to US$1,000, but only if the actions do not constitute a more serious offence. ARTICLE 15 Falsification Legal actions prescribed by the law will be taken against any media organisation falsifying registered authorisation or publicising materials not corresponding to the conditions under which the registration was authorised. ARTICLE 16 Dissemination of fictitious information Media organisations should avoid disseminating fictitious information and statements contrary to the dignity of any Somali citizen, person, organisation, business entity or the state. Any media organisation disseminating such information will: a) Provide a written apology and correction of the information published (see column I of the first page), or the programme broadcast via radio or television, within a period not exceeding 48 hours immed iately after the complaint is received.

b) Allow the citizen or the organisation to give a response to the defamation without charging them so that the response will be published in the same column and page in which the defaming information was originally printed; or will be broadcast in the same radio programme in which the defamation was originally broadcast. The contents of the response will not be abridged and will convey fully the significance of the response. c) If the citizen or organisation, who were defamed or about whom fictitious information was released, decline to accept the provided apology, they will have the right to take their case to the appropriate court. d) The person broadcasting or publishing unlawful information constituting an offence will be accountable for his/her actions. e) No media organisation will be permitted to release information amounting to a denouncement of a deceased person or a person of unsound mind. If this occurs, the prescriptions of sections a, b, and c, of this article will b e applicable and the defamed persons direct heirs will have the right to take the case to the appropriate court. ARTICLE 17 Compensation Any person or organisation suffering defamation or wrongdoing from a media organisation will have the right to register a complaint and ask for compensation equal to the loss incurred resulting from the defamation. ARTICLE 18 Obligatory Release of information Any media organisation that has been punished for an offence or has paid a fine or has paid compensation should publish or broadcast the terms of the punishment or compensation. If the media organisation fails to do this, the organisation will be fined an amount equal to US$500 up to US$1,500. ARTICLE 19 The State Media The Ministry of Information will be responsible for the state media. The Ministry will nominate the executive directorate for coordinating government owned media organisations, privately owned media and international media. a) The Ministry of Information will have a News Agency, the Somali National News Agency, SONNA, which will have an obligation to explore and distribute information received. SONNA will respond to the demands and requests of state media organisations, private media organisations and the international media for data and information. SONNA will have the right to quote any information released by the international media, local media and privately owned media. b) The state will have its own radio service, TV, newspapers, printing organisations, and websites. The state will also employ poets, crafts people and theatre personnel. Such state media organisations will have an obligation to present information, programmes, films, and plays in competition with the privately owned media. c) The state media will operate autonomously its media activities while respecting existing media ethics. ARTICLE 20 Media Cooperation a) The establishment of media cooperatives combining state media organisations and the private media will be permissible under this law in order to encourage improvement in the national media. The cooperative media organisations in question will include media already operating and media organisations awaiting registration. b) Any agreement concluded under section 1 of this article should be undertaken by a legal notary in the presence of the Government Prosecutor and the Attorney General, and a copy of the agreement will be registered with the regional court. The registered agreement will be deposited at the regional court.

c) The agreement between the state media organisation and the private media organisation will display and otherwise show clearly the conditions of the agreement, the duration of its validity, its objectives, and any other pertinent and significant issues. d) Any media organisation which arises from such an agreement should respect the provisions of Somali media law and other laws of the state. ARTICLE 21 The Journalist 1. A Somali journalist is any Somali graduating from a media training institute or having equivalent qualifications or having acquired knowledge of the media professions and having been trained in journalistic skills and having gained experience by working as a journalist. 2. The media profession is a profession open to any person interested in the field of journalism as prescribed by state laws and international conventions. 3. Any skilled and experienced technician engaged in journalism and the media will be regarded as a member of the media profession and will be obliged to respect the law of ethics of journalism. Members of the media mentioned above have the right to receive the same respect as offered to a journalist. ARTICLE 22 Obligations of the Journalist 1. The journalist will be a competent person freely undertaking his/her profession, truthful in disseminating information, and able to identify his/her sources. 2. The journalist will not violate the rights of a person, organisation, religious centre or ethics arising from national traditions. 3. The journalist will avoid the dissemination of fictitious information and avoid making statements that could damage the stability and unity of the nation or that could jeopardise public peace, order and stability. 4. The journalist will preserve the dignity, privacy and the rights of the people providing him/her with information. He/she will demonstrate admiration for that person. 5. The journalist is not permitted to collect secret information or personal photographs by deceit or by theft. 6. Officials responsible for the media, the press and journalists will produce well edited material, and will preserve impartiality and demonstrate objectivity and truthfulness. They should not obstruct the freedom of press. 7. a) If the media or a journalist releases information received from a person requesting confidentiality, the reason for the confidentiality should be evaluated before broadcasting the information. If his/her anonymity is considered reasonable by the media organisation, the information can be publicised. b) If the released information causes grievance or attracts complaints, the confidentiality will be lifted and the identification of the source will be exposed in front of a court, if need arises through a secret session in order to ensure the safety of both parties. ARTICLE 23 The Rights of the Journalist 1. The journalist has the right to preserve his/her personal security, his/her dignity and to disseminate freely all information received in the course of following his/her profession. 2. The journalist has the right to receive all information he/she needs where there are no reasonable conditions not allowing him/her to receive such information. 3. The state will encourage and facilitate additional training for journalists to improve their professional skills. 4. Journalists and owners of media organisations have the right to private and separate unions in order to defend their interests. 5. Owners of private media organisations will preserve the rights of journalists and media technicians in matters concerning; a) Employment Agreements

b) Working hours c) Holidays and sick leave d) Dismissal or release from employment and related rights 6. Owners of media organisations, journalists and media technicians will respect the existing labour laws of the Somali state. ARTICLE 24 Preservation of Copyright The source of any data and idea will be demonstrable before any such date or ideas are used or referred to. It is totally unacceptable to refer to or quote ideas and data whose source is not identifiable. a) It is inadmissible to print, publish or reproduce written material, literature, pictures or films without receiving approval from the author or producer. b) The originator of the data or idea has the right to register and open a case at regional court if the rights mentioned in this article section (a) are violated. ARTICLE 25 Preservation of the Law Government institutions which undertake criminal investigation have the authority to trace and investigate violations arising from activities of the media. Any such case should be taken to the authorised court of that trial. ARTICLE 26 The Law The right to enter any alteration in the media law rests with the National Media Council and the Ministry of Information, should such need arise. ARTICLE 27 Enforcement of the Law The present media law will be enforced after its approval by the Transitional Federal Parliament and the issuance of the decree of the President of the State. The law will be published in the official bulletin of the state.