A/HRC/33/64 judges have been trained in anti-terrorism legislation, security is often identified as the main problem for civilian courts when handling anti-terrorism cases. VII. Freedom of expression and the media 53. During his mission, the Independent Expert raised concerns with the Minister for Information and Culture on the restrictions to freedom of expression for journalists. The media law was adopted by Cabinet in December 2015, and became law on 10 January 2016. Prior to its adoption, media stakeholders expressed their concern at its failure to comply with international human rights standards. Some of the concerns were taken into consideration, while others, such as those on the composition and the independence of the Media Commission, and the requirements for qualification or eligibility to practice journalism, were rejected, a decision that has been contested by media stakeholders. 54. Despite years of conflict and the constraints of the operating environment, the media in Somalia are vibrant, mostly in the hands of private entrepreneurs. According to UNSOM, there are 41 radio stations operating across the country, 20 newspapers and 12 Somalilanguage television stations, five of which operate from the United Kingdom. The State owns four radio stations, four television stations and a newspaper. Somali journalists and media owners across the country are organized in different associations, such as the Media Association of Puntland and the Somaliland Journalists Association, and other groupings, such as the Women in Journalism Association and the Somali Independent Media Houses Association, which advocate for freedom of expression and the free exercise of the profession. The role played by the media in Somalia is critical and indispensable as Somalia builds peace and democracy and consolidates the State. 55. Media stakeholders and journalists have complained about the Somalia Press Commission, which was established by the media law to promote ethics, apply the media law, mediate and resolve disputes, discipline journalists and media editors, receive complaints from journalists and other media personnel, and recommend the granting and withdrawal of accreditation and licences. The Commission is composed of three members from State-owned media, three members from the private media, and three members from civil society representing women’s associations, the legal profession and the national human rights commission. The Minister for Information proposes names to the Cabinet and the President appoints them. The mode of appointment has been criticized for the lack of transparency and its potential to impinge on the independence of the Commission. 56. Some of the concerns relating to the media law include ambiguous terminology and concepts defined broadly in the law, therefore exposing journalists to restrictions in the free exercise of their profession. The media law provides for heavy penalties and fines against journalists suspected of its infringement. The Independent Expert was informed that the media in Somalia operate under severe constraints, threats and intimidation, and are banned from reporting on certain topics, often leading to self-censorship. Journalists risk being arrested for reporting on the insurgency or Al-Shabaab operations, and are themselves vulnerable to Al-Shabaab attacks. 57. The Minister for Information welcomed suggestions for the amendment to the law, adding that the Government was aware of the above-mentioned concerns. He stated that, following the adoption of the media law, journalists were free to practice their profession in Somalia, although some threatened peace and the State-building process. The media law had been adopted on the basis of a consultative approach, and had an in-built system for correcting any mistakes or problems relating to freedom of expression. 13

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