Egyptian Court: Mada Masr Closure Ordered, Fined 3M EGP

• An Egyptian court ordered the closure of independent news website Mada Masr and the confiscation of its equipment.
• Editor-in-chief Lina Attalah was convicted of operating without a license and fined 3 million Egyptian pounds, then briefly detained.
• Attalah also faces a separate one-year prison sentence from an in absentia conviction for spreading false news and operating an unlicensed website.
• Mada Masr has faced years of website blocking and legal battles, with its license applications repeatedly stalled or rejected.
• The ruling has drawn widespread international condemnation from human rights and press freedom organizations.

For legal practitioners advising clients in Egypt, this ruling underscores the potential for heightened scrutiny and the arbitrary application of regulations, especially concerning licensing compliance.

An Egyptian court has issued a directive for the permanent closure of the independent news platform Mada Masr, following the conviction of its editor-in-chief, Lina Attalah, for operating without the requisite licensing. The ruling, delivered on Tuesday, also stipulated the confiscation of the website's equipment and imposed a substantial fine of 3 million Egyptian pounds, equivalent to approximately $53,400 or €48,112, representing the maximum penalty for the offense. Attalah, recognized as one of Egypt's leading journalists, was briefly detained for several hours subsequent to the verdict but was released after the fine was paid on behalf of Mada Masr.

This decision marks a significant escalation in the challenges faced by Mada Masr, an outlet established in 2013 and distinguished by its investigative reporting on corruption, human rights issues, and the military's influential role within the country. The organization has declared its intention to appeal the closure order. Separately, Attalah discovered during her release procedures that she had been sentenced in absentia in a distinct 2024 case, receiving a one-year prison term and an additional 20,000 Egyptian pound fine for charges related to disseminating false news and operating an unlicensed website. Her legal team has contested this ruling, with a new hearing scheduled for November 11.

The trial proceedings themselves were marked by notable irregularities. According to Hossam Bahgat, who heads the Egyptian Initiative for Personal Rights (EIPR) and was present at the hearing in Cairo, the court rejected requests from Attalah's defense team to review the case file and present additional evidence. Furthermore, despite objections from her eight-person legal team, the judge appointed a new lawyer to represent Attalah. Bahgat reported that the judge then proceeded to dictate motions on behalf of this newly appointed, silent lawyer, entering them into the official record before announcing the verdict amidst protests from the defense.

Mada Masr's struggle with licensing has been protracted. The outlet first sought a license in 2018 but received no official response. It was only in 2022, during the course of another legal proceeding, that prosecutors revealed the application had been rejected. Mada Masr challenged this decision and submitted a new application in 2023, which has since remained unanswered. Egyptian authorities consistently assert their commitment to freedom of expression, yet they simultaneously emphasize the imperative for media organizations to adhere to national laws, safeguard national security, and combat misinformation.

The recent court order represents the culmination of years of legal pressure on Mada Masr. The authorities have blocked access to its website within Egypt since 2017, and the outlet and its journalists have been subjected to six different legal cases over the past six years, though Tuesday's trial was the first of its specific kind. This pattern of enforcement highlights the increasing regulatory and legal risks for media organizations operating in Egypt, particularly those engaged in critical reporting.

For legal practitioners advising clients in Egypt, this ruling underscores the potential for heightened scrutiny and the arbitrary application of regulations, especially concerning licensing compliance. It suggests a need for robust compliance frameworks and preparedness for challenging legal defenses in an environment where due process may be limited. The targeting of Mada Masr, one of the country's last remaining independent news sources, sends a chilling message to other media outlets and underscores a broader crackdown on press freedom.

The Egyptian court's decision to order the Mada Masr closure has elicited strong condemnation from the international community. A coalition comprising 119 human rights organizations and media outlets, including prominent bodies such as Amnesty International, Human Rights Watch, and the Committee to Protect Journalists (CPJ), characterized the prosecution as an "unprecedented attack on press freedom." Amnesty International specifically described the ruling as a "crushing blow to press freedom in Egypt and marks a dark day for independent journalism in the country."

Reporters Without Borders (RSF) labeled the verdict as both "outrageous" and "shameful." Sara Qudah, CPJ's regional director, warned that if Egypt can detain a respected editor and shut down her newsroom, then no independent journalist in the country is truly safe. US Senator Chris Van Hollen also voiced his criticism, dismissing the charges as baseless and asserting that "journalism is not a crime."

This ruling underscores the escalating regulatory and legal risks for media organizations and potentially other businesses operating in Egypt, particularly concerning licensing compliance and content deemed critical. Lawyers advising clients in Egypt should anticipate heightened scrutiny and arbitrary enforcement of regulations, necessitating robust compliance frameworks and preparedness for challenging legal defenses in an environment with limited due process.

Source: Original reporting via DW