Between Law and Censorship: A Critical Review of Media Regulations in Oman
The restrictive approach adopted by the Sultanate of Oman towards press freedom and media oversight remains a serious concern, according to the OCHRD. The legal framework governing media activity, including the Media Law, clearly falls short of keeping pace with technological developments and the emergence of social media platforms. This has resulted in the imposition of strict controls on journalists and media outlets.
In addition, other legislative instruments—such as the Omani Penal Code and the Cybercrime Law—further undermine freedom of expression by criminalising criticism of the Sultan and members of the royal family. This reflects a limited tolerance for dissenting opinions and reveals a disregard for international standards on freedom of expression and press freedom.
This report specifically examines the new Media Law, enacted in 2024, and the additional threats it poses to journalistic work, publishing, and the broader right to freedom of opinion and expression in Oman.
The Media Law:
On 10 November, Haitham bin Tariq issued Royal Decree No. 58/2024 concerning the Media Law. Although this long-anticipated law commenced with Article 3, which annulled controversial and outdated legislation that no longer aligns with the requirements of the modern era, such as the Press and Publications Law, it nevertheless included provisions that have generated even greater controversy. Among these provisions are penalties imposed on journalists and media professionals, including imprisonment and fines. The law also addresses the regulation of social media platforms in a manner that may subject content creators on YouTube and podcasters to legal accountability.
In December 2020, in what was viewed by the OCHRD as a hindrance to media activity and its development, the Minister of Information introduced an amendment to the Press and Publications Law, mandating that digital and electronic media be governed under the traditional media law. It is noteworthy that while the law typically includes a clause affirming that “freedom of the press is guaranteed” under the Basic Statute of the State, other domestic laws place restrictions on this freedom and reinforce self-censorship among journalists and media professionals.
The Penal Code contains numerous provisions that restrict press freedom and the flow of information. For instance, Article 115 stipulates a prison sentence of up to three years for anyone who incites, broadcasts, or deliberately publishes false or misleading news, statements, or rumours, either domestically or abroad, or spreads provocative propaganda. If such actions undermine the prestige of the state or weaken confidence in its financial markets or its economic and financial standing, the law applies stringent penalties. This provision has been employed to shut down independent newspapers, such as the closure of “Al-Zaman” in 2016 following its publication of reports on administrative corruption within the judiciary and several high-ranking political positions. More recently, this provision has been used to target individuals who criticise government policies on social media platforms.
Furthermore, Article 249 of the same code prohibits the publication of news related to an ongoing investigation or any relevant documents without the permission of the Public Prosecution or the competent court. Violations are subject to penalties, including imprisonment of up to two years and financial fines. This provision has been utilised to target journalists who report on corruption or other sensitive issues.
In March 2022, journalist Mukhtar Al-Hinai was charged under Article 249 after tweeting about a case of financial and administrative corruption in one of the government ministries. Despite the case being concluded in July 2022, with Al-Hinai acquitted by the court, he remains unable to return to work due to ongoing pressures.
In March 2023, journalist Fatima Al-Arimi announced the suspension of her news platform, “WAF Agency,” without providing any reasons. It is noteworthy that in January 2017, the Omani Ministry of Information had revoked Al-Arimi’s representation licence for the “Reuters” news agency.
Although the new law repealed its predecessor, it simultaneously incorporated many of the provisions from the previous legislation and even expanded upon them, granting the authorities greater control over and restriction of media activities. For instance, Clause (2) of Article 4 stipulates a prohibition on publishing any information related to an ongoing investigation or trial until a final verdict is issued. In contrast, under the previous “Press and Publications Law,” Article 29 required a court order to prevent publication, meaning that publication could only be restricted if the court explicitly decided against it.
The new law dedicates an entire chapter to penalties, whereas the previous law contained only four penalties related to printing, licensing of publications, and the dissemination of content deemed to undermine the Sultan or the ruling family, in addition to the publication of prohibited materials. In contrast, the new law includes ten distinct penalties (Articles 50-59) and grants judicial enforcement powers to Ministry of Information officials for the implementation of its provisions, as stipulated in Article 49. Notably, the new law avoids duplicating penalties already specified in the Penal Code, such as those related to undermining the Sultan or the ruling family.
Clause (3) of Article 4 of the law stipulates a prohibition on publishing or broadcasting any news, information, or data that the Ministry has instructed not to disclose. This brings to mind previous cases, such as the closure of the newspaper “Al-Zaman” in 2016, following its publication of an investigative report on corruption within the judiciary and high-ranking state positions. Additionally, there was the incident of the terrorist attack in the Al-Wadi Al-Kabir area of Muscat Governorate in July of this year, where both state and private media outlets refrained from reporting or covering the event due to security directives prohibiting publication.
Notably, the new law does not reference the “capital requirement” previously stipulated in Article 38 of the former legislation. It remains unclear whether the omission of the capital requirement signifies its repeal or if it is an effort to avoid redundancy, given that this requirement is addressed in a different law, namely the Commercial Companies Law. Nonetheless, Article 12 of the new law introduces a requirement termed “financial guarantee,” without specifying its amount. It clarifies that the purpose of the financial guarantee is to ensure the proper fulfilment of conditions and compliance with obligations outlined in the executive regulations of the law. The article also states that if any deductions are made from the financial guarantee, the licensee is obligated to replenish the guarantee to its original value.
Additionally, the new law contains several other notable points, such as Article 16, which allows for the revocation of a licence for any institution on grounds described by the law as pertaining to “national security requirements.”
Regrettably, the new media law seems primarily intended to reinforce state control over media operations and expand the existing restrictions. It also promotes a culture of self-censorship among journalists and media professionals, who may hesitate to fully exercise their duties out of fear of breaching any of the prohibitions outlined in the law. Such violations could expose them to legal consequences, including job loss, revocation of their licence, as well as imprisonment or financial penalties