IDENTIFYING RESTRAINTS ON FREEDOM OF THE PRESS IN LAWS

OF SIX ARABIAN PENINSULA COUNTRIES

BY MATT J. DUFFY, PH.D.KENNESAW STATE UNIVERSITY

KENNESAW, GA.

AEJMC PRESENTATION – AUGUST 11 , 2013WASHINGTON, D.C.

Arab Media Regulations

Purview of the study

Arab press environments understood to be “authoritarian” (Siebert, Peterson, and Schramm)

But, what legal tools are used to create this environment?

Not a well-researched area. Why? Academics in the region suffer

from same self-censorship as the press

General lack of transparency Language

(Most images public domain. Source: www.morguefile.com)

Methodology

Examined laws that affect media freedom in six Gulf Countries Bahrain, Kuwait, Oman, Qatar,

Saudi Arabia, and United Arab EmiratesSources included Arabic-language documents:

Constitutions, penal codes, media laws, cybercrime lawsMany not available in English or easily

accessible online Translations/research

supported by:

Methodology and limitations

Analyzed constitutions, penal codes, lawsMost legal analyses also focus on legal rulings

However, these generally don’t exist in Arab world Defamation lawyer: GCC legal rulings “don’t say very

much in terms of judicial analysis.” Also examined press and NGO reportsBut, press environment means that local

journalist accounts of rulings are often nebulous Journalists themselves worried about how they report on

cases involving media freedom Best to just offer short articles without too many details

Ex.: Exact law used in conviction sometimes hard to decipher

Theoretical grounding

International Covenant on Civil and Political Rights

United Nations treaty Section 19 guides governments on normative

balance between right to free expression with other obligations For example: protection of reputation and public order Analyzed regulations as compared to ICCPR Some fit within boundaries, some didn’t

Sec. 19 of International Covenant on Civil and Political Rights (ICCPR)

1. Everyone shall have the right to hold opinions without interference… 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order or of public health or morals.

Laws, regulations inside ICCPR

purview

Defamation – libel and slander

Protection of reputationArab press laws differ in three ways from

international norms1) Criminal vs. Civil

Localities that approach libel and slander as civil crime: Chile, Japan, South Korea, Costa Rica, the European Union, Canada, United States, Bosnia-Herzegovina, Central African Republic

2) Truth as defense for defamation No one deserves to protect a reputation they don’t

deserve3) Public figures should receive less defamation

protection than private figures

National security and public order

All countries limit speech on these groundsBut, how/where to limit speech is important

to ensure protection of robust political speechIn U.S., line has been drawn at “imminent

lawless action.” Even discussion of violent overthrow of government is

protected political speech (Brandenburg vs. Ohio)In Europe, line drawn at “incitement to

hatred.”In GCC/Arab world – use of “public order”

laws often used against critical speech, basic reporting

Public morals

Obscentity/IndecencyProtection of religion/BlasphemyCountries vary widely on these perspectives

No generally accepted “best practice”Rarely involve protection of political speech

Except, perhaps, in Saudi ArabiaBetter left unaddressed in this research

Laws, regulations outside ICCPR

purview

Licensing of news outlets and journalists

GCC countries require licensing of journalists, news outlets

UAE’s laws are emblematic: Owner of the news outlet shall be a UAE national, not less than

25 years old, “fully competent,” of good conduct and behavior, not convicted of any moral offenses, not serving in a public post

College degree and join a journalism association. Must file appropriate paperwork with the government that

includes the names and nationalities of the editors. Make a financial deposit (around $13,500) to cover “settlement

of fines imposed by the provisions of this law or any other law.” Media outlet cannot publish or broadcast if its license expires or

if it is ordered to shut down by a proper authority.

Licensing of news outlets and journalists

Licensing viewed as giving gov’t officials leverage to discourage critical reporting

Ruling from Inter-American Court of Human Rights (1984): “General welfare requires the greatest possible amount

of information, and it is the full exercise of the right of expression that benefits this general welfare ... A system that controls the right of expression in the name of a supposed guarantee of the correctness and truthfulness of the information that society receives can be the source of great abuse and, ultimately, violates the right to information that this same society has.” Overturned Costa Rican licensing law.

Criticism of ruler, public officials

Lese-Majeste laws – aka “injured king” Rarely used in countries with free speech protections European Court of Human Rights threw out conviction

for insulting French President Sarkozy (2013, 35 Euro fine.)Widely used in GCC countries, Arab world (jail

time) Difficult to separate legitimate reporting, critical speech

from true “insult.”Most Arab countries also offer protection

of public figures from “insulting speech.” Journalist uncovering corruption in Oman

convicted of insulting the minister in charge

False news

All GCC countries (sans Qatar) require journalists or social media users to only disseminate “true” info Ex: Bahrain: Illegal to make “false report” on a public hearing

Requiring truth seems noble, international norms hold such laws can suppress good, critical reporting

Uganda Supreme Court (1984): “The right to freedom of expression extends to holding,

receiving and imparting all forms of opinions, ideas and information. It is not confined to categories, such as correct opinions, sound ideas or truthful information.” Overturned false news conviction over report of bribe to president

Others laws outside purview of ICCPR

Don’t publish info that damages the economyDon’t disparage Islamic/friendly country/king Only offer “constructive criticism” (Saudi Arabia)No article defaming Arabs and their civilization

Such bans are “overly broad.”

Conclusions

Laws, regulations should be brought in line with international standards regarding: Defamation Public order Licensing Insult to rulers False news Overly broad prohibitions

The End!

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