Freedom of expression guaranteed by Basic Law

May 18, 2022

(See translation in Arabic section)

Muscat: The Basic Statue of the State Law of is the supreme highest legislation in the Sultanate of Oman. Also known as the Basic Law of the State, it guarantees freedom of opinion and expression as per the Article (35) of Chapter 3 which states ‘The freedom of opinion and expression in writing and all other means of expression is guaranteed by the law.’

In his Royal addresses, His Majesty Sultan Haitham bin Tarik emphasized that the freedom of expression of opinion is sponsored by the state of institutions and the law.

A recent episode of Oman TV show ‘Akhbarkoum, entitled ‘Freedom of Expression: A National Fence that Protects the Achievement and Advances the Wills of Construction’, pointed out that the local print, visual, audio and electronic media outlets present an honest content that takes into account the achievement and preserves it in accordance with the authentic Omani constants.

Speaking at the programme Dr Aisha bint Hamad al Darmakiyah, head of the State Council’s Culture and Media Committee, said that the freedom of expression is among the basic civil rights of citizen in any country and is stipulated by the regulations whether the basic law of the state or the constitution. Freedom of expression is tightly linked to human rights, dignity and ability to actively participate in society. It is one of the main and original civil rights that preserve man’s dignity and protect their other rights.

The media is one of the means available for expressing opinions. The media represents a space for journalists and media persons to access information, facts and data. The media is supported by legislation which is considered as an integrative process that defines and governs freedom of expression, she said.

Al Darmakiyah said that modern media provides a huge flow of information and data most of which are misleading which entails a need for cautious dealing by writers and the tweeters. In order for the journalists and social media users to establish the facts they should possess adequate skills that enable them to verify the information. She affirmed that reports of Reporters Without Borders, which referenced the press freedoms status in the Sultanate of Oman, is false and based on inaccurate information.

Jamal bin Salim al Nabhani, director of the Legislative Department at the Ministry of Justice and Legal Affairs, affirmed that Basic Law of the State has raised the issue of freedom of opinion and expression and gave it a constitutional text. The Basic Law does not differentiate between individuals in the Sultanate of Oman as citizens and residents and all of them have the right to freely express their opinion by various means of expression.

He said that the legislator must take into account the individuals’ right to freedom of expression as we are faced with conflicting interests and the legislator is concerned with creating a balance. The legislator does not represent the law-enforcement authority or the executive authority. Legislation goes through certain procedures that are stipulated by the Basic Law of the State in which all relevant authorities participated including the representatives of the people.