Dear folks,
FYI: a cross post but of relevance to some of our discussions.
-------- Original Message --------
Subject: PRESS RELEASE: AFGHAN CABLE TV BAN VIOLATES FREEDOM OF EXPRESSION
Date: Thu, 6 Feb 2003 14:24:29 -0000
From: Shehara Candappa <Shehara@article19.org>
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<<...OLE_Obj...>>
PRESS RELEASE
6 February 2003 - for immediate release
AFGHAN CABLE TV BAN VIOLATES FREEDOM OF EXPRESSION
ARTICLE 19 condemns the edict issued recently by the Afghan Supreme Court
banning cable TV in Afghanistan. The edict, which took effect from 19
January 2003, was based on allegations that cable TV was bringing
pornographic and anti-Islamic material into the country. ARTICLE 19
recognises the need to protect religious and cultural values. A total
ban on
cable TV, an important form of communication is, however, unnecessary and
clearly contrary to the guarantee of freedom of expression. The Afghan
authorities should promote local broadcast production rather than trying to
isolate their citizens by banning an affordable, popular form of TV.
The edict was announced by Chief Justice Mawlawi Shinwari shortly after the
Afghan Supreme Court had refused to consider an appeal against a ban imposed
on a Jalalabad cable company, operating under the authority of a licence
from the Ministry of Information and Culture. The Chief Justice also called
for a total ban on foreign programmes, including satellite broadcasting and
imported films, videos and CDs.
A complete ban on a means of communication - such as cable TV - can
never be
a legitimate restriction on freedom of expression. This is particularly true
given that cable TV is increasingly providing Afghans with a cheap and
accessible alternative to State broadcasting. The statements by the Chief
Justice against all foreign broadcasting are reminiscent of the deeply
isolationist, repressive tendencies of the Taliban regime. The guarantee of
freedom of expression protects the public's right to know and to access
information from a variety of sources.
It is, however, legitimate to regulate cable broadcasting. The fact that
such regulation can effectively address broadcasting concerns, including the
issue in this case, namely protecting religious and cultural values,
highlights the illegitimacy of the Supreme Court ban. In particular, a
regulatory system can require broadcasts to respect an established code of
conduct. Breach of this code may result in graduated sanctions, starting
with warnings and leading to fines and, eventually, for repeated and gross
breach, to licence suspension. In the case of the Jalalabad cable operator,
however, there was no code indicating what was prohibited and the first
sanction applied was licence revocation, both in clear breach of the
guarantee of freedom of expression.
ARTICLE 19 calls on the Afghan authorities, including the judicial
authorities, to take all appropriate measures to revoke the edict banning
cable networks. We also call on the authorities to ensure respect for
freedom of expression in accordance with international law and the
Declaration of the International Seminar on Promoting Independent and
Pluralistic Media in Afghanistan, adopted on 5 September 2002 and endorsed
by the government of Afghanistan.
ENDS
For further information contact Dini Widiastuti, Asia Programme Officer,
ARTICLE 19 in London, on +44 20 7239 1190, email: dini@article19.org
<mailto:dini@article19.org> or Rosaini Sulaiman, ARTICLE 19 Representative
in Kabul, on +93 7028047, email: r_sulaiman@hotmail.com
<mailto:r_sulaiman@hotmail.com>.