'Just in time' change in Oman's Publication Law? Another botched job.

Oman often has a very ad-hoc way of developing legislation. A couple of days ago, HM's Government issued an update to Article 26 of the Publishing law. It seems more than co-incidental that on the 15th October the Appeal case will be held for the local journalists sentenced to 6 months in prison (they're out on bail right now) for 'insulting'* the Minister & Ministry of Justice (yes, really. That's a criminal offense in Oman). I would expect this new law should not apply to their Appeal (ex-post facto / retrospective legislation anyone?), but I guess it does send a message to the Judges!

* Note, independent newspaper Al-Zaman was ordered shut-down for 1 month for publishing an article alleging corruption in the Ministry of Justice on 15 August 2011. The article's author, prominent Omani journalist and film maker Youssef al-Haj, and his Editor and source in the Ministry were arrested, interrogated, and sentenced to 6 months in prison.

This new law is lazy, even by Oman's typically vague and broad legislative standards. Hell, it makes it illegal to publish (quote) "anything" which "may" bear on internal or external security. Reading the law in translation, it appears to make saying essentially anything at all even remotely to do with Omani Government arguably illegal. This is sloppy, lazy law making. No definition of terms, no exclusions, and creating a broad crime whose very definition is subject to the opinion of someone in the Government.

This is unfortunately fully consistent with the Basic Law of Oman, namely:

Article 29 [Expression]
Freedom of opinion and expression, whether spoken, written or in other forms, is guaranteed within the limits of the Law. [my emphasis]

IE, Omanis quite legally have no freedom of expression, because so many laws make almost any public expression not just illegal but criminal. Those arrested Al-Zaman journalists are about to find out how the lottery of Omani publication law works. (see earlier post here). I suppose if they are found guilty they will be beholding to an appeal for clemency from HM. This is not the way to run a legal system.





This was an opportunity wasted; a chance to update the laws involved with publishing - press, TV, radio, internet - in a systematic, competent, comprehensive way. Preferably involving independent review (eg, the Majlis Al Shura) and public comment.

Instead we get another of these vague & ill defined statements of good intent that will in reality be used as further restraints on constructive public dialogue of real issues. Another law that Government functionaries can hide behind and avoid scrutiny.

It will be very interesting to see what happens at the Appeal.


ONA issued the new law.

Decree amends publication law.
His Majesty Sultan Qaboos has issued Royal Decree No 95/2011 amending some provisions of the Law of Publications and Publishing. Article 1 stipulates that Article 26 of the said Publications and Publishing Law shall be replaced with the following text: “Article 26: It is prohibited to publish anything which may prejudice the safety of the state or its internal or external security or all that relates to military and security apparatuses, their bylaws and internal regulations, any documents or information or news or official secret communications, either by publication through visual, audio or print media or through the Internet or any means of the information technology unless a permission is obtained from the competent authority.

It is also prohibited to publish the wordings of the agreements and treaties concluded by the government before they are published in the official gazette.

...

Presto!

Omani freedom of expression: Oxymoronic? Time for some definition please.

No real news today. So.

Quick one. Apropos the oxymoron of Omani Freedom of expression. What is it - if it exists?

Omani freedom of expression? Especially with respect to the internet and on-line forums, blogs, etc?

Muscati linked to a recent nice piece from my local IT lawyer of choice BlueChi*


Photo: Omani Internet star: Blue Chi

On line responsibility is real. No-where can you just say what you want. With good reason. Defamation is real, and should - rightly - be controlled by the law. In Oman, for instance, even the dead can be slandered (though not the UK/USA), and when convicted of a crime in an Omani court of law, apparently your identity still cannot be legally publicised! (which come to think of it, might help explain the lack of a court report in the local media).

And in Oman, slander remains a criminal rather than a civil issue. Why? As BlueChi mentions:

...In Oman, and many other countries, this right [UD: of freedom of expression] is restricted by some other legal principles such as defamation and breach of confidence. Defamation is generally defined as the act of spreading false information about a person which could harm that person’s reputation. This law is much more stricter in Oman than in some other places like the UK or the USA as defamation is a criminal act and not merely a civil matter. In addition to this, there is no clear requirement in the law for the statement to be false for it to be offensive, but merely requires it to have the consequence of damaging that person’s reputation.
...

The law in Oman is fuzzy at best, and hugely immature wrt legal precedent. It's time to clear this up, Ministry of Legal Affairs. What is legal freedom of expression these internet days? Some of the stuff being published on the Arabic and English Omani forums is waaaaay out there. What's legal? What isn't?

How does Twitter fit in?

No-one really knows.

We really need some public debate on this. And some resulting improvements to the law.

(*I used to have a link to BlueChi on the blog roll, but truth be told: he suffered heavily from an attack of professionalism, twitter addiction, and low productivity blog-wise).

Actual Local Investigative Journalism - Legal limits on Car loans avoided.

I stumbled across this rather hidden actual Omani Media Investigative Journalism piece in.... Times of Oman. Yes. A story on car loans.





Read between the lines, and the story is that while the Central Bank have decreed that all car loans are to be for a maximum of 80% of the car value and the remaining 20% paid by the customer, dealers are getting around it by simply 'over invoicing' on the value of the car, enabling customers to effectively borrow 90% or more from their banks and flaunt the intent of the CBO's law.

Loopholes are a common problem in Omani law, especially as the lack of either personal income tax or VAT means a lot of the economy is uncontrolled and not easy to police. But it isn't hard to make this sort of transaction even more legal.

For example, I could actually charge you full price, but then offer an instant cash rebate, free gifts (that can be exchanged for cash), and include insurance, 'free' servicing, etc.

It is an example of how these simple 'micro-managing type' laws are often by-passed almost immediately. People are just too damn clever to easily be made to do something they don't want to do, especially when there's a buck in it.

Excellent work, Aftab H. Kola. This is good to see. More please!!!!!! [Essa, Bonus?]

Is CBO regulation putting a spoke in car sales through finance?

Aftab H. Kola
Times of Oman, Wednesday, December 03, 2008

MUSCAT — One of the key sectors in Oman — the auto finance industry — faced fluctuations in fortune this year following a new regulation from the Central Bank of Oman (CBO).

It may be recalled that the CBO in the beginning of the year had issued circulars to all financial companies that a borrower who wants to buy a car through loans should pay a minimum of 20 per cent down payment of the cost of the vehicle.

CBO instructed that personal loans for purchasing of vehicles have been mounting significantly and with a view to improve prudence and moderation the step was necessitated.

Cars in Oman have been within the close reach of consumers due to easy instalment schemes offered by auto finance companies. In fact, industry sources attribute this success of auto companies to the effectiveness of their alliances with financing institutions. The increased preference for financing car purchases through loans, thus, seemed justified.

According to reliable industry sources, out of 30,000-odd cars sold in Oman every year, 65 per cent are through finance. Says Aftab Patel, CEO, Al Omaniya Financial Services, “The down payment rule is applicable to individuals and not for corporate or business buying. There has not been a significant demand reduction in car sales through finance as the consumers have taken it in a positive spirit. If you look at the other way, instalments will come down.”

Another official from a car finance company said: “Smart money managers who make a 20 per cent down payment have more freedom to make a change in the car they drive. During the second year, when the car depreciates at a much slower rate, they would begin to build equity in their car. During a trade-in, they would actually get a positive credit towards the new car.”

Major players in retail car financing refused to comment on how the CBO rule has affected the car finance market. However, Mohammed Nazim, deputy general manager credit and collection, Suhail Bahwan Automobiles is candid: “The down payment rule has affected the car market marginally, but people are just crazy about cars here.”

Another official from one of the leading finance companies frankly admits that the car sales have been affected to a fairly good extent. He observed: “It is extremely difficult for new employees to pay 20 per cent down payment.”

But reports suggest that some car dealers who have in-house finance schemes are offering car loans without sticking to 20 per cent down payment. They charge less than 10 per cent down payment.

Consumers like Mohammed Hisham, a government employee find it extremely difficult to shell out a big initial amount to buy a car on finance.

He says: “The down payment component is important to a low-salaried man like me. I just got a licence and I’m keen to buy a car. But I don’t think I can buy one if they insist on 20 per cent.”

There are many like Hisham who echoed similar views. Then there are some smart agencies who know how not to send away a potential buyer either by ‘over-invoicing’ or ‘trade-in’ tricks. Industry experts now feel that the future of the automobile sector is now directly linked to the ever-increasing youth population, which is the prime target segment for most of the dealers.

And so they are devising some new schemes so that down payment does not deter them from buying cars.

Naughty naughty...