Afghanistan Photo Journalist Najibullah Musafir who is one of the professional photo journalist in Afghanistan has been jailed since 22.02,2015 in Kabul at Pul-i-Charikhi prison.
Mr. Musafir had taken a picture while the female students were in parade holding a basketball picture ,after that he has sold the picture to one of the production film makers named Hunar Haftum according to the his colleagues the following picture after some editing and posting the Etisalat Logo was sold to one of the Telecommunication company in Afghanistan.
One of the girls in the picture had record a complaint in the court and Mr Musafir was fined with the amount of 1000 Afghani but the other court which was held after 7 years has sentenced Mr Musafir six months in Jail.
Nia Supporting Open Media in Afghanistan believed that Mr. Musafir is not sinful and didn’t a commit an crime and the decision of the judicial and justice are against the legal laws and code of punishments in the country.
Najibullah Musafir who is one of the professional photographer in Afghanistan journalist society and according to the a legislative law of Afghanistan on copy right indicates that the creator shall be able to benefit financially on his art or dedicate it to someone other than himself.
And based on the correspondents principle whoever takes a shot in the public eye and among the crowds she/he doesn’t have to have permission for it.
And the other issue where the picture is owned the rights goes to that person and he/she should punished not the photographer.
Nai supporting Open media in Afghanistan has expressed deep concerns on limiting freedom of speech in the country,demanding the president to order reviewing of his case according to the article 34th of Afghanistan constitution which indicates the freedom of speech is safe no one can interfere into it,despite of that photographing is part of the freedom of speech in the country and his case should be reviewed on behalf of him and his lawyer.