The Ministry of Information in the deposed government decided that journalists who wish to work in the Gaza Strip must hold a new "journalist card" issued by the Ministry.
The Ministry’s statement said that the new card would facilitate journalists’ work and enable the authorities to identify and distinguish them in the field.
The Ministry sent letters to media firms and associations throughout Gaza requesting them to apply and obtain the new card.
Al Mezan Center for Human Rights believes that this decision contradicts with the international standards related to media work.
It is also inconsistent with the Palestinian Basic Law (PBL) and the press law, No 9 Year 1995.
This opinion is based on the following points: Forcing journalists to obtain a "journalist card" as a condition to practice their profession is contrary to article (19) of the PBL, which states that every person shall have the right to freedom of thought, conscience and expression, and shall have the right to publish his/her opinion orally, in writing, or in any form of art, or through any other form of expression, provided that it does not contradict with the provisions of law.
In practice, the decision is restrictive in nature, contrary to the permissive nature of the PBL texts.
The decision is in contradiction with the article 27(2) of the amended PBL, which provides for ‘[F]reedom of audio, visual, and written media, as well as freedom to print, publish, distribute, transmit information, together with the freedom of individuals working in this field, is guaranteed by this Basic Law, other related laws’.
It is also inconsistent with article 3 of the press law, No 9 Year 1995, which establishes that the press shall practice its activities freely; including the dissemination of news and information, and shall contribute to spreading culture and science within the parameters of law and with the protection of the public freedoms, rights, and duties and the full respect of others privacy.
The prohibition of dealing with journalists in the field unless they bear ‘journalist cards’ could lead to preventing many journalists from exercising their profession; thus restricting the freedom of the press, which represents a breach of the Palestinian law, under which the concerned authorities ‘shall made available all the effective facilities to the press personnel in performing their duties’.
Forcing journalists to obtain a ‘journalist card’ as a condition to practice their profession cannot be understood as a means to facilitate their work, but rather to control it.
Facilitating media work requires enabling them to perform their work, publish their opinions, and access information with significance for the community freely.
That the 'journalist card' will help identify and distinguish journalist from other people in the field is untenable, for there are many other means journalists themselves use for this purpose.
Moreover, Article (1) of the press law defines a journalist as 'every person who chooses the press as a profession and/or a source of living under the provisions of the law'.
It does not provide holding a journalist, or any other, card as a condition for a person to be a journalist.
The body that issues such a card is also irrelevant.
Al Mezan Center for Human Rights highly concerned by forcing journalist to bear the new 'journalist card'.
It considers it as an infringement on freedoms and rights and an unjustifiable restriction that lacks the necessity condition, which applies only in cases provided for by the law, such as protection of people's rights, maintaining national security or the public order.
Similar attempts to restrict the freedom of the press by the Ministry of Information under the previous governments were challenged by journalists and the civil society in OPT.
Al Mezan therefore calls the deposed government to cancel the 'journalist card' decision.
Alternatively, the authorities could sign to other measures and decisions that are adequate, legal and clearly facilitate journalists' work while ensuring their freedom.
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