Media laws at Oman
Oman's media landscape is significantly shaped by its legal framework, which has recently undergone a major overhaul with the New Media Law, Royal Decree No. 58/2024, effective November 11, 2024. This law consolidates and supersedes previous media regulations, aiming to unify rules across all forms of media, including print, audio, visual, and electronic.
Here's a detailed overview of media laws in Oman:
1. The New Media Law (Royal Decree No. 58/2024):
Scope: This comprehensive law applies to all media activities within Oman, including newspapers, audiovisual channels, news agencies, publishing houses, artistic works (production, import, distribution), and electronic media (including news accounts on social media).
Licensing: All media activities require a license from the Ministry of Information (MOI). This includes professionals working for foreign media outlets within Oman. Failure to obtain a license can result in severe penalties, including imprisonment and substantial fines.
Content Restrictions and Prohibitions: The law sets clear boundaries for media content. Prohibited content includes:
Discrimination or incitement based on religious, sectarian, ethnic, gender, or other discriminatory grounds.
Content that misleads the public or violates public morals.
Reporting on ongoing investigations or trials without prior approval (a stricter restriction than previous laws).
Content that could cause public disorder.
Misleading advertisements and unethical practices.
Any content specifically prohibited by official directives from the MOI.
Criticism of the Sultan or government, although this is more implicitly restricted through broader provisions on public order and national security.
Prior Censorship: While the MOI retains the authority to prohibit the publication or broadcast of specific content through official directives, prior censorship of media activities is explicitly prohibited by the law itself. However, critics argue that broad and vague terms in the law grant the MOI extensive authority that could be used to restrict freedom of expression.
Right of Reply and Correction: The law guarantees individuals the right to request corrections or responses to inaccurate media content. License holders are obligated to publish corrections or responses free of charge within 3 days of receiving a valid request, provided the correction is limited to the inaccurate aspects and published in the same manner as the original.
Protection for Licensed Media Professionals: The law aims to protect licensed media professionals from coercion or interference, ensuring their independent performance of duties.
Financial Restrictions: Media entities and professionals are prohibited from accepting foreign donations or privileges without prior MOI approval. Media professionals need approval from their institution to engage in advertising or accept monetary benefits.
Penalties: The law establishes strict penalties for violations, including:
Imprisonment (ranging from 3 months to 3 years or more for serious offenses).
Substantial fines (ranging from OMR 5,000 to OMR 200,000).
Confiscation of equipment used in violations.
Suspension of licensed media activities by the Public Prosecutor or Competent Court during investigations or trials, with the possibility of extension.
Legal entities found in violation face significant fines without exempting individual accountability.
2. Constitutional and Basic Law Provisions:
Basic Statute of Oman (1996, modified 2011): While Articles 29, 30, and 31 of the Basic Statute call for freedom of the press and freedom of expression, these are often qualified by provisions prohibiting content that causes "public discord, violates the security of the state, or abuses a person's dignity or rights." This provides a basis for restrictions.
3. Other Relevant Laws:
Omani Penal Code: Contains provisions that significantly restrict press freedom, including:
Article 115: Punishes those who intentionally instigate, broadcast, or publish false or malicious news, statements, or rumors aimed at undermining state authority or confidence in its finances. This has been used to target independent media and social media activists.
Article 249: Prohibits the publication of news related to an ongoing investigation or relevant document without permission from the public prosecutor's office or the competent court.
Article 97: Imposes imprisonment for criticizing the Sultan, his family, or his authority.
Cybercrime Law (Royal Decree No. 12/2011): This law addresses various cybercrimes, but Article 19, which penalizes the use of information networks to produce, publish, or distribute anything that could undermine religious values or public order, has been used to target social media activists.
Telecommunications Law (Royal Decree No. 30/2002): Establishes the Telecommunications Regulatory Authority (TRA) and governs telecommunications services. It can also be used to prosecute individuals who communicate against public order or morals.
Copyright and Neighboring Rights Law (Royal Decree No. 65/2008, amended by Royal Decree No. 132/2008): Protects original literary, artistic, and scientific works automatically upon creation. Oman is a member of the Berne Convention, WIPO Copyright Treaty, and WIPO Performances and Phonograms Treaty.
Defamation Law: Under the Omani Penal Code, defamation is a criminal offense, not just a civil one. False statements damaging someone's reputation (slander or libel) can lead to fines, imprisonment, and civil lawsuits. Public figures may need to prove "malicious intent" to succeed in a defamation case. The statute of limitations for filing a defamation claim is typically one year.
4. Freedom of Press Environment:
While the new Media Law aims for some liberalization, human rights organizations and press freedom advocates express concerns that its broad and vague terms still grant the government extensive control over media.
Self-censorship by journalists and writers is common due to the restrictive legal environment and the potential for severe penalties.
Oman's ranking in international press freedom indices often indicates a limited degree of press freedom compared to global standards.
In summary, Oman's media laws are strict and comprehensive, with the recent New Media Law aiming to centralize and modernize regulation. While it introduces some positive aspects like the right of reply, concerns remain regarding the broad powers granted to the Ministry of Information and the potential for these laws to be used to suppress dissent and limit freedom of expression.
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