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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