Morocco: Media sector left out of consultations for new press council law

Morocco: Media sector left out of consultations for new press council law - Media

Moroccan Parliament building, Rabat. Photo: Pilecka/Wikimedia

In June 2026, the Moroccan Parliament approved Draft Law No. 09.26 regarding the restructuring of the National Press Council. The law is the product of a protracted legislative journey: its predecessor, Draft Law No. 26.25, was referred to the Constitutional Court following objections raised by parliamentarians. In January 2026, the court declared several of the provisions unconstitutional, prompting the government to submit an amended version. Throughout this process, the reform has drawn sustained criticism for its lack of meaningful consultation and concerns about its consistency with international standards on press freedom. Following its adoption by parliament, ARTICLE 19 remains concerned that both its substance and the limited engagement with journalists, media organisations, and civil society may undermine the effectiveness and legitimacy of the new press council as an independent mechanism for media self-regulation.

A flawed process, a weakened institution

Draft Law No. 09.26 retains a delegation mechanism for the appointment of certain council members. ARTICLE 19 remains concerned and recalls that the proposed appointment structure may not fully meet the requirements established by international standards, which emphasise that the credibility and effectiveness of a press council depend on appointment procedures that are transparent, participatory, and insulated from political influence. In line with the principles of self-regulation, members of the press council should be elected exclusively by media professionals and representatives of relevant human rights and consumer associations.

ARTICLE 19 also reiterates broader concerns regarding the press council’s authority to impose punitive sanctions.  Self-regulation of best practices requires a clear separation from punitive powers to safeguard the council’s independence.

ARTICLE 19 nonetheless welcomes several positive changes introduced by the law, including equal representation of journalists and publishers, the removal of designated publisher seats, and the introduction of a proportional representation system for professional publishers’ organisations. However, these improvements cannot be assessed in isolation from the process through which they were adopted.

Throughout the reform process, journalists and civil society actors repeatedly called for meaningful and inclusive consultations on the future of the council, while criticising the government’s limited engagement with key press stakeholders. ARTICLE 19 considers this failure particularly concerning, as the effectiveness and credibility of any self-regulatory mechanism ultimately depend on the ownership and trust of the profession it is intended to serve.

The adoption of the law in a context marked by widespread disengagement among media professionals is therefore deeply troubling, not as a secondary issue, but as a reflection of broader shortcomings in the reform process that contradict the very essence of self-regulation, which requires press professionals to establish, uphold, and enforce their own ethical standards independently, without direct government intervention.

ARTICLE 19 is consequently concerned that the Press Council may be perceived as an imposed institution rather than a genuinely self-regulatory body, risking an institution whose legitimacy remains contested and whose capacity to effectively regulate the sector is significantly weakened.

A decade of progress at risk

The significance of this new law can only be fully understood against the backdrop of a decade of press regulation and what was once considered a positive achievement. The National Press Council, established in 2016 under Law No. 90.13, was widely regarded as a landmark development at the time – not only for Morocco but also for the wider region, where self-regulatory media bodies remain exceptionally rare. Despite acknowledged shortcomings, including its establishment as a statutory rather than a fully independent body, the council represented meaningful progress in strengthening press freedom and promoting ethical standards.

This progress began to stall following the expiry of the press council’s first mandate in 2022, which was not renewed. Existing structural weaknesses were further compounded by a prolonged period of institutional paralysis, as administrative and political obstacles prevented authorities from organising new elections. The government subsequently extended the council’s mandate for six months before transferring its powers, in 2023, to a temporary committee responsible for overseeing the press and publishing sector for a two-year period, through the adoption of Law No. 15.23. Human rights organisations raised concerns about several provisions of the law, warning that they introduced regressive measures that could undermine progress made in media self-regulation and adversely affect press freedom.

When the reform process resumed in 2025 it began with the adoption of Draft Law No. 09.26 , which also raised concerns among journalists and human rights organisations over provisions that could grant the government greater control over the media and concerns over its independence.  The draft was widely viewed as representing a serious setback for press freedom and freedom of expression. Read ARTICLE 19’s concerns here.

Following objections raised by parliamentarians, the draft was referred to the Constitutional Court, which, in January 2026, declared several of its provisions unconstitutional. The government therefore submitted an amended version, renumbered as Draft Law No. 09.26.

Assessing the broader picture, the new law and the process through which it was adopted represent a step backwards, not only for press regulation in Morocco but also for the wider Middle East and North Africa (MENA) region. The Moroccan Press Council was one of the few self-regulatory media bodies in the region, serving as an important – albeit imperfect – example of promoting self-regulation mechanisms at a time when press freedom and media independence continue to face significant challenges.

Rather than strengthening and building upon the foundations laid in 2016, the reform process has introduced new vulnerabilities that risk undermining the independence and credibility of media self-regulation in Morocco. These recent developments may set a negative precedent for similar reform efforts elsewhere and weaken broader efforts to promote independent and accountable media governance across the MENA region.