After a period of uncertainty and strict limitations on free press spanning two years, the de facto Taliban authorities have presented a preliminary version of a new media law in Afghanistan for endorsement by their supreme leader.
This concealed draft legislation will oversee the intricate and sometimes antagonistic interactions between the Islamist regime and media professionals, encompassing both state-controlled and privately owned media entities.
In the absence of a parliament or an established constitution within the Taliban’s self-proclaimed Islamic Emirate, ultimate power over the nation’s laws, including this fresh media legislation, rests solely in the hands of the secluded supreme leader, Hibatullah Akhundzada.
In an exclusive conversation with VOA (Voice of America), the chief spokesperson for the Taliban, Zabihullah Mujahid, shared some insights into the new law.
Mujahid revealed, “Around 70% of the draft is derived from the previous law,” clarifying that the alterations made intend to align the law more closely with Islamic Sharia principles. Notably, the media law implemented during the preceding Afghan government also demanded adherence to Islamic law in all media-related activities.
When questioned about potential gender-related constraints within the new legislation, the Taliban spokesperson asserted that such restrictions are absent in the proposed draft. He further stated that all Afghan citizens would have the opportunity to establish, operate, and be employed by media organizations.
The upcoming law permits foreign media, including international broadcasters like the BBC and Voice of America, as well as independent journalists, to function in Afghanistan, under the condition that they adhere to domestic regulations.
In the context of Afghanistan’s endeavors to cultivate democratic structures over the past twenty years, media outlets and advocacy groups for press freedom thrived, often receiving support from international donors.
Nevertheless, the Taliban has harbored significant reservations about Western-funded initiatives that promote democracy and human rights. Mujahid did not clarify whether Afghan media establishments would be allowed to accept foreign funding. He did emphasize that funding sources must be transparent, though.
Journalists Marginalized
VOA engaged with several media advocacy organizations and journalists in Afghanistan, who reported that they were not included in consultations with the Taliban authorities during the formulation of the new media law.
Abdul Qadeem Wyar, president of the Afghan Journalists Safety Committee (AJSC), lamented, “We had hoped to contribute at least to some extent, but unfortunately, we were not afforded the opportunity.”
One female journalist, speaking anonymously due to concerns of retribution from the Taliban, noted that not a single female journalist had been consulted in this process.
Another unnamed female journalist criticized the Taliban’s unilateral approach to media policy, branding it as “tyrannical.” She stressed that journalists possess civil rights and are not criminals.
Following their assumption of power in 2021, the Taliban imposed gender-based restrictions on journalists, including mandatory face coverings for women on television. Consequently, over 80% of female journalists in the country have resigned, as reported by Reporters Without Borders.
Detention of Journalists
Over the past two years, the Taliban reportedly apprehended numerous journalists and media personnel, subjecting some to alleged torture. However, most were eventually released after spending varying periods in detention.
Many of these arrests were conducted by the Taliban’s General Directorate for Intelligence (GDI), a feared agency that has also purportedly detained and maltreated human rights activists.
These arrests transpired in violation of the preexisting media law, which designates a Media Complaints and Rights Violations Commission (MCRVC) to assess violations and refer cases to judicial bodies without involving intelligence agencies.
The new draft law maintains the MCRVC, though Taliban officials indicated that the GDI could intervene on matters related to national security.
While the timing and likelihood of approval from the Taliban’s supreme leader remain uncertain, the mere existence of this law is perceived as a positive stride forward.
Abdul Qadeem Wyar of AJSC cautiously expressed optimism, stating, “It’s better to have a law than no law.” He hopes that this law could safeguard journalism under a government thus far governed primarily by decrees from an unseen supreme leader.