Moroccan Justice Minister: Combating digital defamation is a priority

Morocco's Minister of Justice, Abdellatif Ouahbi, has emphasized the foundational role of the presumption of innocence in the nation's criminal justice system. He stated that innocence is the default human condition, only to be overturned by a judicial decision that has gained finality through a legally guaranteed trial.

In a written response to a parliamentary inquiry by MP Said Baaziz, Ouahbi underscored that the presumption of innocence is not merely a legal rule but a crucial safeguard against the abuse of power and a cornerstone of fair trial rights, in line with international human rights declarations.

Morocco has enshrined this principle in its 2011 constitution and is further strengthening it in the new draft criminal procedure code. This revision aims to uphold the presumption of innocence, favor the accused in cases of doubt, bolster defense rights, ensure trials within a reasonable time, and protect the rights of all parties involved, including victims, suspects, and convicted individuals.

Ouahbi noted that the draft code introduces protective measures, such as revising regulations for police custody and pre-trial detention, making them exceptional measures subject to judicial oversight. It also enhances the right to remain silent and upholds the dignity of individuals under these measures.

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The principle of innocence is one of the constitutional and universal pillars upon which criminal justice is based. The origin in a person is innocence, and this characteristic is not removed except by a judicial decision that has acquired the force of res judicata, within the framework of a trial that provides all legally recognized national and international guarantees.

The minister further extended the protection of presumed innocence to the media landscape, citing the press and publication law's requirements for respecting this principle. Strict controls are in place for reporting on ongoing judicial cases, balancing the public's right to information with the need to protect investigation secrecy and the reputation of the accused. Legal penalties are stipulated for disseminating false or intentionally inaccurate information.

Addressing contemporary challenges, Ouahbi highlighted how technological advancements, including AI-generated deepfakes and the pervasive influence of social media, have created unprecedented threats. He specifically pointed to the rise of "media trials" that precede judicial rulings, necessitating stringent legislative controls to prevent digital tools from violating individual freedoms or undermining the principle of innocence.

Beyond legal frameworks, Ouahbi stressed the importance of ethical and educational dimensions in fostering a societal culture that respects human dignity and discourages hasty judgments. He believes that punitive measures, criminalizing defamation and the violation of investigation secrecy, particularly through social media, are essential to prevent legal proceedings from becoming tools of social retribution or personal attacks.

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Technological developments have created unprecedented challenges for the protection of the presumption of innocence. Artificial intelligence-based falsification techniques and the widening influence of social media have contributed to the spread of what he described as 'media trials' that precede judicial rulings, necessitating strict legislative controls.