Attacks On The New Egypt Are Not Only By Terrorists But Also By Egyptian Journalists

A mirror case is that of the Saudi islands of Tiran and Sanafir. For it mirrors a malaise in Egyptian media, as they lie or obfuscate under a new cover. That is the cover of the "freedom of expression." Also known as "the freedom of the press," born in the vortex of the two companion revolutions: January 25, 2011 and June 30, 2013.

There are limits to every freedom, and frameworks for every right. The freedom context is of two layers: the lower is that of the individual; the higher is that of the community. No freedom can be without limits. And no expression is to be protected regardless of its contents. The very term "protected speech" indicates that there are limits to that freedom.

In regard to Tiran and Sanafir, that reasonable limitation on the freedom of expression has been massively breached. The perpetrators are the very journalists who are required to observe it. For the following reasons:

• Journalism is a public trust. Its role is to investigate, and report accurately. Because those requirements are the bases for their licenses.
• In return, the State has the duty to protect the public from being infected by biased national journalism. No State, especially the New Egypt, which is transitioning from dictatorship (military from 1952-2011; then Islamist from 2012-2013), can move forward, with its media thriving on the business of lying to the public.
• That explains why the media, in any orderly society, try to police itself. Self-policing for that profession goes by the name of "the code of professional honor." Whatever exists in Egypt of today has not been manifest in the case of Tiran and Sanafir.

Without citing again the names of Egyptian writers, as I did in the prior blog posting, it is necessary to cite here the themes of the Egyptian media in regard to this critical national, regional, and international case.

Samples of the provocative themes adopted by a media that lacks the honor of its profession are the following:

• "Oppression shall not create a successful regime;"
• "Freedoms in Egypt are in retreat following two revolutions;"
• "The Journalists Syndicate is subjected by the Interior Ministry to increasing violations against its members;"
• "Rumors regarding disaffection within the Armed Forces because of returning the islands to Saudi Arabia;"
• "Saudi Arabia is reembarking upon cooperation with Israel in joint projects in the whole region;"
• "Is there a threat to the Suez Canal resulting from returning the two islands to Saudi Arabia?;"
• "Has the Egyptian Saudi joint committee on the islands taken these issues into account?;"
• "Why has the Saudi flag been flown in many parts of Cairo on the national occasion of April 25, commemorating the liberation of Sinai?;"
• "Why has the Shura (consultative) Council in Saudi Arabia approved the delimitation of the Egyptian/Saudi boundaries on the very day of Egyptian commemoration of the liberation of Sinai?;"
• "The angry Egyptian youth shall not return from their demonstrations without getting definitive assurances that Egyptian territory has not been surrendered;" and
• "The purpose of demonstrations is to exercise the freedom of expression" on the Friday called "Land Day."

None of the above provocative themes propagated by a dishonorable Egyptian media can be legally described as "protected speech." None of the above can be immunized from State sanctions against media engaged in destabilization. All the above is an amalgam of:

• Attacks on the legitimacy of the post-Islamist presidency and governance;
• Calls for outright mobocracy intended to undo the painful progress of Egypt towards normalcy;
• A total misunderstanding, in fact proverbial ignorance, of the meaning of freedom;
• Incitement to disaffection, including defection in the armed forces, the only historical cohesive national institution in Egypt;
• Impugning the motives, intent, and measures adopted by Riyadh and Cairo for some degree of economic integration, and for cooperation with the Gulf States;
• Crying "wolf," in a a sordid attempt to link unlinkable elements in the rightful return of Tiran and Sanafir to their sovereign, the Kingdom of Saudi Arabia; and
• Outright, stupid, and vain interference in the internal affairs of a proud, benevolent sister State -Saudi Arabia.

Such shameful reporting, which in every respect lacks fact-checking, serving the public and national interest, does underline the national need for:

• Reviewing the legitimacy of those licenses issued by the State and/or the syndicate, enabling those journalists to openly become "agents provocateurs;"
• Upholding the recently-enacted regulations regarding public demonstrations;
• Linking between the war against terrorism in Sinai and at the Libyan borders to the internal calls for hooliganism and violence. Spewed by Egyptian media which find in the new freedom a hospitable environment for subversion; and
• Realization that the failed attempts by the so-called Muslim Brotherhood to change Egypt's DNA as a secular State might find in today's Egyptian media a needed oxygen for their revival.

Thus a bundle of central questions emerges out of the illegal efforts by Egyptian media to claim Saudi territory as a part of the national Egyptian patrimony. These questions are:

• Isn't it treasonous to conspire publicly against a New Egypt under a secular constitution of 2014? No doubt!!
• Is yelling "Fire, Fire" mischievously in a crowded theater, causing sta
• mpede and death, an exercise of the freedom of speech? Of course Not!!
• Has there been any damage to the image of a stable Egypt resulting from these hallucinating journalistic accusations of territorial surrender? Yes, indeed!!
• Is the State entitled, and is in fact duty bound, to put an end by legal means, to this charade of a contrived cold war on El-Sisi administration? Absolutely!!
• Under what human rights theories should Cairo act to bury that campaign of vilification and mob-arousal by voices which would have never found their vocal chords under Nasser? None, as far as I know.

Both theories of human rights law and humanitarian law intersect when the destiny of the State is in question, as a result of foreign threat or internal dangers. There can be no foreign tutelage over human rights -a domestic issue.

We haven't even touched upon the issue of aid to Egypt from Saudi Arabia, Kuwait and the United Arab Emirates. All benefactors by the billions of dollars for funding of Sinai and other projects. Those Gulf allies of the New Egypt, in March 2015 have each offered $4 billion in investments in Egypt.

Respect by Egypt of the Saudi/Egyptian agreement of 1950 for the temporary administration by Egypt of Tiran and Sanafir has nothing to do with Arab aid. The nay-sayers make that idiotic linkage.

In rebuttal, I, as a defense attorney who is still in active practise, posit this hypothetical:

If Egypt is in the practise of giving up territory for financial aid, then I must pose this question: Why not give up, say, Marsa Matrouh, to America's fifth fleet for the annual $1.3 Billion allocated by Washington to Cairo since the signing of the Egypt/Israel Peace Treaty of 1979?

While April witnessed the Egyptian media false campaign for the Egyptianization of the Saudi islands in the Gulf of Aqaba, May 1st registered more grievous stances by the same outlets.

On that day, the police pursued two journalists against whom judicial subpoenas had been issued for acts contravening the law. That hot pursuit led the pursuing officers into the headquarters of the Journalists Syndicate in downtown Cairo. From the circumstance, it was obvious that the fleeing suspects were under the false impression that that building afforded them, immunity from the long arm of the law.

Following that lawful arrest, the council of the Journalists Syndicate, issued on May 4 a collective protest against what that group characterized as "an invasion." 

It labelled that lawful police action as a dictatorial attempt by the Ministry of Interior to muzzle the press. Most of the newspapers called for the resignation of the Interior Minister. Some even called for an apology by President El-Sisi. And the editorials throughout the first week of May were nothing but a parade of public incitement to open revolt.

• The President of the Supreme Council of Journalism, Galal Aref: "Press freedom is an inherent right for every citizen. The invasion of our Syndicate building was an attack on basic freedoms."
• The CEO of Dar Al-Tahrir Establishment, Muhammed Abu-Alhadeed: "Fabricating such provocation of the press by the regime can only mean that a big event for destabilizing Egypt shall occur on June 30 -" (the third anniversary of the second revolution which brought about the elections leading to El-Sisi becoming President).
• The CEO of Al-Ahali newspaper, Nabil Zaki: "should we expect the reinstatement of the police State which the Egyptians, through two revolutions, have demolished?"
• The CEO of Al-Wafd, Wagdy Zain: "The actions by the Interior Ministry cannot be understood except as intending to undermine the presidency."
• The CEO of Al-Masriyoon, Mahmoud Sultan: "How could the President convene a meeting with the Military High Command instead of rushing to meet with the Journalists Syndicate on the crime of invading its HQ?"

These are not low-level press stringers. These, as well as others who spoke in the same vein, are top executives of important press outlets.

The shrill voices which have attempted to rewrite international law in claiming two Saudi islands for Egypt, are the same voices who, out of ignorance of the law of immunities, are bestowing immunity on that building as if it were a foreign embassy.

Immunity is generally defined as an exemption from prosecution. And "hot pursuit" by the State for the apprehension of two suspects fleeing from a lawful warrant is integral to the police powers of any sovereign State.

The ugly face of ignorance with regard to the freedom of expression in the New Egypt has been unveiled. Unveiled in early April in the issue of Tiran and Sanafir, and again unveiled in early May in the issue of the two journalists escapees. Amr Badr and Mahmoud Al-Saqqa. In a false pretense to immunity. And in between those fatal dates, there are numerous violations of the recently-enacted law regulatory of public demonstrations.

Under all laws, aiding a fugitive, as happened by the Journalists Syndicate, is criminalized. This comes under the two legal theories of obstruction of justice and co-conspiracy.

Egyptian media have encouraged those violations by depicting Tiran and Sanafir as a sell-out by El-Sisi to King Salman of Saudi Arabia. Those demonstrations, though sparsely attended, depicted the demonstrations regulation as infringing the freedom of expression.

In all countries where The Rule of Law governs, there is a basic framework for public demonstrations. In law schools in the US, we explain that framework in three words: Time, Place and Manner.

The licensing authority specifies the time (limited); the place to be away from access to public institutions; and the manner never to be destruction and hooliganism.

On that basis, those who advocate endless demonstrations, anywhere, and to do anything are scofflaws and anarchists.

Up till now, the real problem for the New Egypt with respect to the freedom of expression could be traced to the absence of real media. It seems that the role of the Egyptian media in the creation of an informed public opinion's gone.

Now there is little left for the New Egypt to safeguard its gains but to fashion a Code of Honor for its indigenous media. Including the requirement to learn, think, and think again before you put pen to paper. For freedom cannot exist without limitations defined by law and practise.

The world news headline: "French police attack demonstrations against regressive labor law. Commented an Egyptian lady scholar, Dr. Nadia Elshazly, quoting Alex Lantier:

"No outcry from the world media, nor any of the human rights organizations, against the French law which regulates demonstrations."

Truth of the matter is this: Journalism is an honorable profession. But in the New Egypt, it has become a profession devoid of honor!!