Tunisia-HAICA: Al-Karama action could threaten democratic experience

The High Independent Authority for Audiovisual Communication (HAICA) said in a statement Tuesday the legislative initiative tabled to the House of People’s Representatives (HPR) by the Al-Karama Coalition bloc is inconsistent with the constitution.

It concerns the amendment of some articles of the decree law No. 2011-116 of November 2, 2011, on the freedom of audiovisual communication.

This initiative could undermine Tunisia’s democratic experience and prospects for its development, warned the regulatory body.

It called on MPs and their parliamentary blocs to “avoid proposing initiatives that run counter to the Constitution and whose objectives are unclear and whose motives are suspect”.

It is necessary to preserve the gains achieved so far in terms of rights and freedoms, insists the HAICA.

The Al-Karama Coalition had proposed on 4 May to renew the composition of the body through the organisation of election by the parliament and adding an article under which granting of licenses for creation and operation of television and radio channels will be abolished by subjecting them to the authorisation system.

HAICA said this proposal is incompatible with the 8th point of Article 148 of the Constitution.

The latter stipulates that the Independent Audiovisual Communication Authority shall continue to exercise its functions until the finalization of the composition of the Audiovisual Communication Authority.

“The fact that this legislative initiative only concerns the amendment of certain articles of that decree-law confirms the intention to circumvent the provisions of the 2014 Constitution,” the body regrets.

The Constitution provides for the establishment of organic laws to replace decree-laws and the completion of institutions guaranteeing the rule of law, including the Constitutional Court and independent constitutional bodies.

According to HAICA, this legislative initiative hides the intention of some political parties to take control of the media sector by subjecting the independent regulatory body to partisan quotas.

This initiative coincides with official statements by the authorities that the laws should be applied to television and radio stations that refuse to comply with the decisions of the regulator. This further confirms the willingness to achieve objectives that go against the public interest and in the interest of certain political parties, HAICA stressed.

The audiovisual regulator also called on the President of the Republic to intervene to ensure that the provisions of the Constitution are respected and invited the Head of Government to speed up the presentation of the government’s legislative initiative on the commitment to complete the establishment of constitutional institutions.

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