The unanimous vote, which took place in November 2004, on the law related to broadcasting came to respond to the need of a system of communication that can accompany the project of modernity and progress, launched by Morocco.

The reform of the national broadcasting scene has passed from an ambition to a real project, following the publication in 2002 of the Dahir (Royal Decree) instituting the Broadcasting Supreme Authority (HACA), and the abrogation by Parliament of the State monopoly in this field.

The Broadcasting Supreme Authority (HACA), set up in the year 2003, is endowed with autonomy and independence which enable it to avert any kind of pressures that may hinder its role as a regulator. To reinforce this reform, the law on broadcasting adopts the principle of freedom of communication to the benefit of cultural diversity. Likewise, some measures related to the upgrading of public broadcasting media have been taken with a view to helping take up the challenge of competitiveness, which implies an opening up on the national broadcasting scene.

Dialogue for Liberalization

Thanks to the fruitful dialogue and debate between all the components of the Moroccan society (public authorities, professionals, experts, academia, and representatives of civil society), this founding text expresses a willingness to follow a regulated and harmonious liberalization, which takes into account the requirements of modernization and the opening of the national broadcasting space, as well as the requisite contribution of this sector to the strengthening of the national values and culture, and the economic and political development of the country.

This text aims mainly at:

• Consecrating freedom of broadcasting and ensuring freedom of speech and opinion, while upholding the dignity of individuals, private life, pluralistic expression of the trends of opinion, and cultural diversity in Morocco;
• Strengthening and consolidating the integrity of the Nation, the respect and the promotion of human rights and democratic principles by the public service of communication;
• Contributing to the social, economic, and cultural development of the Nation, and promoting the opening up of regions and villages;
• Developing all the public and private actors, within a competitive framework, ensuring the diversity of the offer of services and the pluralism of opinion trends;
• Setting up a public broadcasting pole, to take up the challenge of pluralism and quality;
• Promoting Moroccan artistic, scientific and technological creativity through free access to relevant information;
• Preserving the diversity of the Nation’s cultural heritage through a pluralistic expression of information;
• Promoting the development of the Moroccan broadcasting industry, and the cultural radiance of Morocco all over the world;

Entry in this sector is subjected to the regulations of licence and authorization. These regulations enable the Supreme Authority to specify, in the terms of reference, the rights and obligations of these actors, creating thus an atmosphere of trust based on clear-cut awareness of the rules, and guaranteeing an efficient protection of users.

This diversity relies on the conditions set for the granting of licences and authorizations, which take into account the audience interest in the project, the commitments of the candidate as regards the coverage of the territory and the contribution to the national broadcasting production, within an impartial and undiscriminating atmosphere that offers significant guarantees to the new actors, both at the level of competition and regulation.

In addition to the concerns about the regulation of the sector and the pluralism of offer, this law introduces a modern and flexible status of the public organisations specialized in radio and television broadcasting. The Moroccan broadcasting channel (RTM) and the Autonomous Service of Advertising (SAP) will be converted into a limited company named “the National Company of radio and television broadcasting”, and the Government will hold the totality of its capital. The law defines the status of the public organizations, their mission and obligations, specifies their resources and means, in order to enable to achieve optimum development, under the best circumstances, on the basis of the terms of reference and contracts (objectives which last several years). It also allows the national companies to achieve development under the best circumstances, on the basis of a real strategy of enterprise meant to face competition. Finally, the law preserves the specific status of “2M”, whose capital is owned in majority by the Government, and confirms its missions of public service.

The new text opens up inviting prospects for the installation and exploitation of the broadcasting networks to the benefit of the private actors, and specifies the legal regulations relating to the granting and the revocation of licences and authorizations. The text further clarifies and brings up to date the status and the missions of broadcasting public services.