Regulation of Radio and TV in Morocco: At which extent does the HACA intervene?

Morocco’s government-owned radio and television network, Radio-diffusion Télévision Marocaine (RTM), broadcasts throughout the country. Radio broadcasts are in Arabic, French, Tamazight, Spanish, and English, while television is broadcast in Arabic, Tamazight, and French. In addition, a private television network is headquartered in Casablanca and a private radio network in Tangier (Britannica). The following are some of the television channels in Morocco. TVM (Radio Television du Maroc) is the channel of the national television of Morocco. It is a channel of public service that assures all together a service of information, culture and entertainment for its viewers and citizens in Morocco, in the Arab world and in Europe. Furthermore, 2M is the portal of the Moroccan television channel also broadcasting worldwide thanks to 2M-Monde: programs, news, sport, art and culture, movies, and tourism… In addition, Al- MAGHRIBIYA is a public and satellite television channel which was created in order to reflect faithfully the image of Moroccan Kingdom. Actually, Morocco is a country in transition, looking towards the future and aspiring to modernity without denying its traditions and values.
On the other hand, TNT (Télévision Numérique Terrestre) was launched in Morocco on February 2007 as the SNRT explains. With TNT, viewers will have a free and easy access to a bunch of channels with digital quality picture and sound. The reception of TNT at home requires an UHF antenna, an antenna cable, and a receiver TNT or receiver combo (satellite and TNT). Viewers will have access to two general channels TVM and 2M and three other channels: Assadissa (Quran), Arriyadiya (all kinds of sports) and Arrabiâ for documentaries.
The high rate of illiteracy, however, keeps readership low and makes television the primary medium for disseminating news and information to Moroccan audience.
Concerning radios stations in Morocco, there are general radio stations as ASWAT or RADIO 2M. Furthermore, there are thematic radio stations such as ATLANTIC more oriented toward economy, HIT RADIO tailored for younger audiences, and CHADA FM devoted for music. Moreover, there are some radio stations that are dealing with regional problems like CAP4 in the north or RADIO SUD for the south region. On the other hand, another private radio is MEDI 1 which represents the unique and exemplary frame of a Euro-Maghreb radio station. Other radio stations reaching Moroccan auditors are RADIO SAWA, RADIO CASA FM and other regional ones.

It was in 2002 that the removal of the state monopoly as regards radio and television took place besides the promulgation of the law concerning the audio-visual communication. Those two initiatives are important steps in a process that aims at modernizing the audio-visual public sector, favouring the establishment of private companies of radio and television in clear, reflexive, normative and institutional surroundings, and consecrating in this way the double freedom of communication and enterprise, through a regulate liberalization by an independent administrative authority. It is in this context that His Majesty the King Mohammed VI, in his throne discourse of July 2002 has stated: “… Within the framework of the mission which is devolved to Us by the Constitution in protecting the rights and the freedom of the citizens, the social groups and the communities, we worked at the elaboration of a Dahir tolerating the creation of a high authority for the audio-visual communication, as an independent institution, having the means to assume its mission with impartiality” (HACA website).
The High Authority for Audio-visual Communication (HACA: Haute Autorité de la Communication Audiovisuelle) was therefore founded under the Dahir n°1-02-212 of August 31, 2002. Indeed, it is an independent administrative body responsible for regulating the audio-visual communication sector. Its main mission is to ensure the respect of the principles of pluralism and freedom of speech in the audio-visual communication sector and compliance to the fundamental civilisational values and the laws of the Kingdom. The High Authority for Audio-visual Communication consists of the Higher Council of Audio-visual Communication, (CSCA: Conseil Supérieur de la Communication Audiovisuelle), the deliberative body of the HACA and of the General Directorate of Audio-visual Communication (DGCA: Direction Générale de la Communication Audiovisuelle), the administrative and technical structure of the HACA.
The proliferation of private radio stations after the deletion of the state monopole over the audiovisual sector had encouraged Moroccan auditors to convey their ideas. Actually, radio stations, especially the live programs that are developing rapidly, represent a platform for the Moroccan audience in order to discuss their problems, share them with other auditors and also they have the chance to discuss them live with experts in the field. All in all, the freedom of radio in Morocco has allowed the liberalization of auditors’ thoughts. Another essential point is that the freedom of radio in Morocco that gave birth to new private radio stations did not develop information, but had a special cultural impact. Indeed, this lies on the broadcast of what is called “the new Moroccan music”. Those music genres, rap, fusion and others have increased and developed significantly thanks to the private radio stations. For instance, groups that never hoped to have any audience have emerged and brought up this kind of music, that without those private radio stations, they would not quit those very small and marginalized circles. However, too much freedom kills freedom. This is why the audiovisual sector needs essentially a regulator…
Mr. Khalid Naciri, the Moroccan minister of communication, declared that the HACA is the unique organism allowed to control norms and engagements. Furthermore, he stated that Dahir that established the High Authority of Audiovisual Communication (HACA) made of it the only body with power to monitor compliance of acts of contractors, including private radio stations, under the standards set by law of the audiovisual sector and to decide on sanctions for perpetrators of any misconduct. Indeed, through its various advices, official statements, recommendations and decisions, the deliberating authority of the HACA is attached to convey a new philosophy within the field of the audiovisual communication, apart from the spirit that governed the practices used at the time of State the monopoly.

On the other hand, the CSCA, Conseil Superieur de la Communication Audiovisuelle, is considered as the governing body of the HACA. Sort of armed wing of the High Authority, the CSCA is the source of sanctions imposed on operators. Founded in 2002, the year of the abolition of state monopoly on the audiovisual landscape, the HACA was playing at that time the role of leadership for the smooth development of a private center. However, nowadays the CSCA, holding all necessary tools and skills, is more focusing on the pure but sometimes tough regulation of media than the pedagogic support. A member of CSCA emphasizes that the CSCA is a department that follows programs and monitors and saves everything diffused on our televisions or radio stations 24 hours a day. All in all, the missions assigned to the CSCA are advice and proposal, regulation, control and sanction. Since its creation, the Moroccan Radio did not stop developing its audiences and its broadcast network throughout the kingdom and worldwide. Furthermore, it is also launched online in order to better serve its audiences and spread the rich and diversified culture of Morocco. After the abolition of the governmental monopole, hundreds of projects were presented by moral people having the judicial forms of an anonym company. Therefore, the HACA encouraged people to create radio stations like CHADA FM, HIT RADIO, ASWAT… and others.
In October 2007, Hit Radio was the first private radio station, following the wave of liberalization, to overcome the anger of CSCA. The radio station directed by Younes Boumehdi was sanctioned, for non-control of antenna, of a fine which amount could not be determined because at that time, HIT RADIO did not achieve one year of activity. Therefore, CSCA was not able to set the exact amount of the fine that represents normally 0.5% of the advertising revenues and thus just estimated 10000MAD as pecuniary penalty. For all private radio stations, the event sounded like a warning shot, a first demonstration of the strength of the HACA, demonstrating its willingness to take things in charge seriously.
Moreover, the Superior Council of Audiovisual Communication-CSCA-reported on September 24, 2008 its decision no. 38-08 after discovering deficiencies in the editions of the show "Libre Antenne", broadcasted on HIT RADIO between 18 and 21 August 2008, and which violated the laws of the Audiovisual Communication and the contract of ethics of the operator. The HACA accused Hit Radio of broadcasting words judged of sexual and harmful nature to the audience and sanctioned the radio station of stopping the broadcast of the show from 8pm to midnight for 15 days.
Chada FM is a private and regional radio station that proposes to its Moroccan audience in the region of Casablanca general programs composed of information, services and entertainment. Chada FM has suffered in its turn from the suppression of one of its programs. Actually, Chada FM was not accused of broadcasting content of sexual character, but of making public a clandestine commercial advertising of the group Addoha. Indeed, the author and animator of the program “Smaa Smaa”, named Bahloul, has praised Addoha unlawfully. According to the HACA, Chada FM was charged of 35000 MAD as a fine, and was sanctioned by the suppression of “Smaa Smaa” for one week.
CSCA, the governing body of the HACA, bases its decisions on the law of the audiovisual sector, on the Dahir of the creation of the HACA and the book of charges of each channel or station. However, the last judgment is given by the seven members of the CSCA and its president, Ahmed Ghazali. What was special about those sanctions was that the time slots, usually occupied by the deleted emissions on the two stations, will simply be silent. What is even better is that the stop of the broadcast was preceded by broadcasting a message of the HACA, explaining clearly to listeners the reasons for the lack of programming. This was the first time the CSCA used the suspension of service to punish radios. For HIT RADIO and CHADA FM, the consequences of this penalty would first be financial. In terms of advertising revenues, their losses will be far from insignificant. Moreover, it is not excluded that the stations would be losing listeners, who could, at the same time, see if the waves are greener in the competition.
On the other hand, the intervention of the HACA as regards to the television will be discussed. After the official abolition of the monopoly, RTM becomes SNRT (National Society of radio-broadcasting and television) and represents the main player in the public pole. The state claimed the entire share capital of that company explains Amin Rboub in l’Economiste. For its part, the second channel, 2M-Soread, whose capital is held by the state (majority) and by private institutions, must maintain its mission of public service.
Actually, the HACA plays a crucial role in advising, regulating, controlling, and penalizing audiovisual organizations. One of the important roles that the HACA plays is receiving and investigating complaints related to violations of the laws or regulations applicable to the sector or to damages resulting from the broadcasting of information obviously against the truth or loss of reputation as it is mentioned in its website. One example of such intervention was the decision no. 19-08 that was made on May 28, 2008 regarding the complaint of AMDH (Moroccan Association of Human Rights) against the SNRT. In fact, the AMDH complained about the dissemination by the channel “Al Oula” of the statement by the Minister of the Interior made during the press conference of February 20, 2008. However, the CSCA said that the dissemination by SNRT of those declarations was legal and therefore, the SNRT is not legally responsible for the content of the Minister of Interior’s statement made at the press conference subject of the complaint.
One of the control and penalties missions of the HACA is to control the compliance by the audio-visual communication operators to the principles and rules applicable to the sector and to the contents of the specifications. However, 2M-Soread, the Moroccan television channel, did not respect its specifications since it carried out the cancellation of one of its famous programs called “Moubashara Maakoum” of July 09, 2008 which was scheduled to discuss the events that happened in the city of Sidi Ifni. The cancellation of the show was made without informing previously either its public or the High Authority. Also, this action does not obey to the deadlines or conditions prescribed for this purpose by the article 38.1 of its specifications. Therefore, the Superior Council of Audiovisual Communication -CSCA- reported on August 06, 2008, its decision no. 33-08, warning Soread-2M to meet its obligations in programming, particularly those relating to the cancellation of a broadcast.
Among the interventions of the HACA in regulating the Moroccan television is the control of advertising spots broadcasted in one of the Moroccan channels. As it is clearly cited in its official website, the HACA, represented by its deliberative instance the CSCA, has the mission of monitoring the compliance by the audio-visual communication organizations to the advertising legislation and regulation. It does indeed control the programming methods of advertising by the operators. Actually, the HACA has decided on December 2005 to stop the diffusion of an advertisement of the telecom operator Meditel. Indeed, that was the 10th decision made by the HACA about the publicities since its creation in 2002. According to Faycal Faqqihi, in l’Economiste, the HACA believed that Meditel ad was demoralizing and undermining the efforts to raise awareness of road safety. In fact, the “censored” advertising shows a young woman driving a Formula 1car in the city center. The pilot grills a red light at high speed with her car racing and exceeds all her competitors. The camera focuses on a girl on the edge of the runway who was admiring the woman’s performance. The HACA believed that the attitude of the young driver is “an incitement to excess, to recklessness and to non-compliance with the Code of the road through speeding and illegal passing” according to the same source. The regulator referred too to the specifications of the SNRT (article 129) and to 2M (article 24) which oblige them to broadcast neither forbidden advertising nor clandestine one.
The High Authority of the Audiovisual Communication (HACA) represents a vital part and plays a crucial function in the Moroccan audiovisual sector in Morocco. The HACA is a blessing for audiovisual organizations. With the creation of the HACA under the Dahir ordered by the King Mohammed VI on August 31, 2002, the monopole of the state over that sector was abolished. This initiative triggered the proliferation of different private radio stations and the liberalization of the latter and of the Moroccan television channels. In fact, we can criticize the method of encouraging auditors to use immoderately their phones, but the result is that Moroccans finally speak freely and live on radio waves, without censorship, without taboos, about the problems that affect them, that interest and concern them, those which disturb them and especially in the language that is theirs: the Darija of everyday! Young people speak, women speak, and men speak, those who have problems, those who propose solutions. Specialists have the right to speak, of course, but also novices. Live on-air conquered all radios, with excesses of course, minimal if not insignificant, given the magnitude of the trend.
However, the experience of liberalization of the audiovisual sector is in its start; thus, it should be approached with great seriousness, responsibility, moderation and restraint, knowing that broadening the scope of freedoms but under the law remains the principal objective. The Moroccan Minister of Communication, Mr. Naciri, said that the liberalization of the audiovisual area after decades of state monopoly is one of the major projects toward modern democratic society that without freedom and diversity, become meaningless. As the director of HIT RADIO explains, the private communication organizations that are radio stations are lucky not to have to explain directly to the Moroccan justice or judicial courts when there is a slippage on their waves.
The HACA by giving its verdicts, that certain people would judge fair and others exaggerated, wanted to transmit a definite message. The Moroccan audiovisual field enjoys a certain freedom but be cautious of the excesses…