Despite Morocco’s 2011 constitutional reforms, which signaled a move towards a more democratic and liberal society, there are still significant limits on freedom of speech for Moroccan citizens. There are still laws on the books that call for prison terms of up to five years for individuals who offend the government or Islam through speech. Human Rights Watch argues that these laws are not in harmony with Morocco’s revised constitution, and that U.S. Secretary of State Hillary Clinton should push for change of these laws during her current visit to Morocco.
“Having praised Morocco’s 2011 constitution, Secretary Clinton should now urge authorities to revise both laws and practices so that they are in harmony with that constitution.” –Sarah Leah Whitson, Middle East and North Africa director of Human Rights Watch
Article 25 of the new constitution says that “freedom of thought, opinion and expression in all its forms is guaranteed”; and article 28 says “Press freedom is guaranteed and cannot be restricted by any form of prior censorship.”
However, article 41 of Morocco’s press code provides prison terms of up to five years for speech that “undermines the Islamic religion, the monarchical regime, or [Morocco’s] territorial integrity,” or that is offensive toward “His Majesty the King, and the royal princes and princesses.” Article 263 of Morocco’s penal code “provides prison terms for “gravely offending” public officials. Article 266 provides prison terms for “insulting” the judiciary or discrediting its rulings or attempting to influence the courts.”
It appears that the lofty commitments of the new constitution are not being matched by Morocco’s legal codes and authorities.