Egypt freedoms in balance during constitutional showdown

Egypt’s uprising was about freedom, dignity, and justice for people who lived under a repressive regime for almost three decades. But journalists and analysts say that now there is potential for greater restrictions on speech than under Mubarak.

“There are places within the constitution that give traction to potentially repressive measures, whether it comes to freedom of expression, the ways sharia is interpreted and implemented,” Mr. Hanna said. “And clearly you also have a monopolization of power … and if you give those tools to a somewhat paranoid president and his coterie, I wouldn’t be surprised to see them used repressively.”

Opposition is well represented in the media, Mr. Hanna said, which means it could become an obvious target for a crackdown.

Sunday broadcast cut off

Perhaps a broadcast from Sunday is evidence of how this could play out: Transmission was reportedly cut off by government censors when Egyptian state television presenter Hala Fahmy held – on-air – a burial shroud to protest the Brotherhood.

The attorney general has also opened an investigation of opposition figures including Amr Moussa, HamdeenSabahi, and Mohamed ElBaradei for inciting the overthrow of the government, Al-Masry Al-Youm reported.

In light of a widening political divide, “this starts to become really potentially quite dangerous,” says Hanna. “If we’re seeing political opposition being repressed through trumped-up legal charges and measures, we’re entering a very different stage of conflict.... There are a lot of warning signs right now that indicate, one, that society is dangerously polarized, and that the Muslim Brotherhood in power might try shockingly so to fully repress its opposition,” Hanna said.

The thousands who converged on the presidential palace Tuesday came after weeks of protest against Morsi's decree that gave him sweeping powers that allowed the draft constitution he favors to be approved last Friday.

Guarantees?

Article 45 of the new draft constitution states that “freedom of thought and opinion shall be guaranteed,” and “every individual has the right to express an opinion and to disseminate it verbally, in writing or illustration, or by any other means of publication and expression.”

Two sets of articles, however, are problematic. Article 31 prohibits “insulting or showing contempt” toward any individual, and article 44 bans insulting or abusing religious messengers and prophets. There is no protection against imprisonment for journalists, frequently charged with insulting the judiciary and the president, says Heba Morayef, the Egypt director for Human Rights Watch.

Article 48 in the draft says, on the one hand, that "media shall be free and independent," but on the other that they must act "in accordance with the basic principles of the State" and society, and respect "the requirements of national security."

“If you give the state the right to interfere with private independent media on the basis of whether or not they comply with public morals, or are contributing to enriching or reflecting public opinion,” Ms. Morayef said, “you are opening the door to censorship, arbitrary interference with freedom of the media.”

“And that’s very serious,” she adds.

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