This paper seeks to highlight the role of the House of Representatives in violating and restricting freedom of creativity, and to urge the groups and concerned parties to raise this issue this year -which witnesses new elections for the House of Representatives- with the aim of asking the Council with its current structure to address this issue during the few months remaining of its term. 41 of 2014 on the Flag and the National Anthem, as well as the analysis of the draft law on criminalizing the insult of historical symbols. The paper used the official statements of the Speaker of the House of Representatives, the Secretary of the religious Committee of the House and some deputies concerning the discussions of the abolition of the articles on violating public decency and contempt of religion and the draft law on criminalizing the insult of historical symbols.
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The paper is based on the legal analysis of articles of the Egyptian Constitution, the Penal Code and the Law No. In its first section, the paper addresses the constitutional protection of freedom of creativity and the extent to which some legislation breach it, including articles (98) and (178) of the Penal Code, which address contempt of religion and violating public decency, respectively. The paper then reviews in its second section the adoption of a law that “criminalizes insulting the Egyptian flag” and the submission of a bill to criminalize the insult of historical symbols, the two of which represent a great threat to freedom of creativity. The third section of the paper focuses on presenting the impact of these legislations through some of the cases that AFTE has worked on or followed.
For example, an imprisonment sentence was issued against novelist Ahmad Naji because of a literary work several sentences were also issued against some “mahraganat” singers. Former Minister of Culture, Gaber Asfour, was also a victim of the guillotine of hostility to freedom of creativity, as he was given a one year suspended prison sentence and 10.000 pounds fine, because of describing the prosecution’s pleading in Naji’s case as “more extreme than ISIS terrorist organization”. All these examples were sort of a direct result of the structure established by the legislative institution against freedom of creativity. The legal accountability of creators cannot be separated from the negative role played by the House of Representatives with respect to protecting freedom of creativity. Some of its deputies sought to enact a law that would impose a penalty on “insulting historical symbols”, which may pose a serious threat to the freedom of creativity and thought in Egypt. However, the council that was elected in 2015 overlooked repealing articles restricting freedom of creativity in Egyptian laws, and even went further, as it approved the law entitled: “The law of honoring the flag and criminalizing its insult”. The House of Representatives is the main entity responsible for regulating legislations that restrict freedom of creativity. Third: The impact of legislations on the provisions related to freedom of creativityĬonclusion and recommendations Introduction Second: Parliament tightens the grip on freedom of creativity Prepared by: Mahmoud Othman, Lawyer at the Association for Freedom of Thought and Expressionįirst: Freedom of creativity between the constitution and the law
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