Morocco: The unjust conviction of journalist Hamid El Mahdaoui must be overturned
Reporters Without Borders (RSF) condemns the decision to apply criminal law instead of media law in the case of Hamid El Mahdaoui, which led to a prison sentence and a heavy fine for the journalist. This wrongful decision, the outcome of unjust proceedings, must be immediately overturned.
Journalist Hamid El Mahdaoui is awaiting his appeal hearing after being sentenced by the Rabat Court of First Instance on 11 November to a determinate prison sentence of 18 months and a fine of around 130,000 euros for the "dissemination of false allegations" and "defamation" under the penal code, when he should have been tried under media law. The charges pressed against Hamid El Mahdaoui followed a complaint lodged by the Minister of Justice, Abdellatif Ouahbi, concerning a video published on 11 July 2023 on the news website Badil.info in which the journalist stated facts that implicated the minister in an affair that compromised his integrity.
"This decision has reduced the hopes of improving press freedom that followed the royal pardon granted on 30 July 2024 to eight journalists, including Taoufik Bouachrine, Omar Radi and Soulaimane Raissouni, on the occasion of Throne Day. Circumventing media law by resorting to criminal law to convict a journalist whose only crime is that he did his job sends a very alarming signal. RSF calls on the Moroccan justice system to reverse this decision. It is crucial that the Moroccan authorities return to the path of justice that began with the royal pardons to pave the way for a free press and respect for the right to information.
"Justice cannot be done" if the court does not take into account all the elements relating to the case, Hamid El Mahdaoui told RSF. He particularly emphasizes the importance of considering the documents he submitted, as well as his vain efforts to contact the Minister of Justice before the publication of the video at the heart of the case. He also questions the specific way in which he is being prosecuted: "How can I be treated fairly if it is not known that I published the same information as another journalist, who was prosecuted under media law, while I am being tried under the penal code?"
Known for his news content critical of the authorities — particularly on topics of corruption or economic and social rights — Hamid El Mahdaoui has already been the victim of abusive legal proceedings in connection with his work. Arrested in 2017, he served a three-year prison sentence for "non-denunciation of a crime undermining state security", a charge linked to his coverage of a peaceful march banned by Moroccan authorities. The conviction was widely condemned as an attack on press freedom in Morocco.
Morocco ranks 129th out of 180 countries and territories in RSF’s 2024 World Press Freedom Index.
