MEDIA IN LEBANON.Towards Enhancing Freedom of Expression.English

MEDIA IN LEBANON
Towards Enhancing Freedom of Expression

POLICY BRIEF

EXECUTIVE SUMMARY

Lebanese media institutions are This policy proposal aspires to:
an extension of sectarian politics
and partisan public officials. Rather Create more credible,
than creating an issue-based representative, and non-partisan
accountability and participation media outlets;
culture, media outlets are the
mouthpiece of political leaders Redesign the laws and standards
and a powerful tool for sectarian of governance for the media sector;
incitement and polarization at the
social, political, ideological, and Eliminating censorship and
socio-economic levels. proposing alternative regulatory
policies.
While Lebanon’s Constitution and
ratified international statutes Adoption and implementation of
emphasize freedom of belief and these policies requires a long-term
expression, current governing process that starts by documenting
frameworks make it impossible for and researching relevant tools and
citizens to access and influence the decisions, gaining the support of a
media industry. maximum number of citizens, and
pushing for reforms of media-related
Media, a cornerstone of civil laws, regulations, and practices.
society and democratic liberties,
needs to be transformed to reflect This policy briefs takes a first step
public interests and enable public in this direction by identifying a
participation. However, this is multifaceted approach focused on
hindered by three main challenges: removing licensing and censorship
a weak regulatory framework, lack restrictions to enhance freedom
of proper infrastructure for internet of expression, protect media
usage and speed, and a vague practitioners, and facilitate the entry
censorship policy in the hands of of new actors to the media industry
General Security. in Lebanon.

With the advent of social media and
increased demands for youth and
civil society participation, there is an
opportunity to deploy national and
This policy brief was developed by Beyond Reform & Development , part of BRD/I Group S.A.L., local efforts aimed at overcoming the
in close collaboration with experts, activists and civil society organizations.
monopoly over the media scene in
Lebanon, 2012 Lebanon.

1

FRAMING THE ISSUE

The Problem .

Historically, Lebanon has been
portrayed as a center of human rights
and freedoms in the Arab world.
Freedom of expression is enshrined
in the Lebanese Constitution as well
as in international treaties to which
Lebanon is a party.

In practice, however, the country’s Situation Brief The Urgency
media industry presents a different
image, with serious threats to There are many challenges facing With the evolution of social media,
freedom of expression, lack of freedom of expression and Lebanese citizens display a
media objectivity, and constraints independent media in Lebanon, strong interest and willingness to
to the growth of independent media. including: contribute more freely to media
Contrary to other Arab countries, content, but are unable to do
1. Media ownership and content is
the state does not control media so. The rise in sectarianism and
controlled by political figures.
outlets, and state media is among polarization calls for issue-based
the least viewed. Instead, Lebanon 2. Vague and outdated press and and citizen-centric media.
has in place a number of media broadcasting laws lead to low
Opening up media spaces can
institutions that are an extension of accountability in media performance
reposition Lebanon as a true
its sectarian politics, a reflection of and the media sector in general.
sanctuary of press liberties
foreign interests, and a mouthpiece
3. Overlapping roles and unclear and freedom of expression. At
for public officials. There is a broad
jurisdiction of public institutions the same time, an alternative
consensus that the Lebanese
and media regulating bodies. and inclusive post-production
media is politicized, partisan,
regulatory framework is essential
unrepresentative and unregulated, 4. Inefficiency of professional unions
for enhancing the quality of media
and used as a tool for political control in protecting the rights of journalists
outlets and creating accountability
and polarization. and bloggers.
mechanisms.
5. Inconsistent censorship system
In addition, a Censorship Bureau
without clear standards and ”
within General Security controls
regulations, contributing to the The continuous decline in the
content and deprives citizens
restriction of rights. role of the media in Lebanon
from access to various cultural,
educational, and political sources 6. Distribution of media ownership will lead to the decline of
licenses highly dependent on political the role of the state, and
of information. It also suffers from
consequently, to its death.
lack of clear regulations, poor
management, and subjective content
decisions.
7. Absence of access to information
”
Abdel Hadi Mahfouz,
Director of the National
analysis. laws. Council for Media

2 3

LOOKING AT EXISTING POLICIES, LAWS
AND PRACTICES

Despite the protection of freedom of expression and civil liberties in Lebanon’s
Constitution, this has not been institutionalized into proper frameworks to
1 Press Freedom & Civil Liberties
regulate and support media content. This section presents existing policies and
2 Protect Media Practitioners
their shortcomings. In assessing these policies, we used three key indicators
that are essential for any policy option aimed at enhancing freedom of expression
and improving the quality and performance of media institutions: 3 Enable Entry To Media Industry

1. preserve press freedoms and civil liberties
2. protect media practitioners Policy
3. enable entry to the media industry Law Assessment
Practice
Policy
> There are highly complex and intertwined relationships between
Law Assessment

Public Institutions’ Jurisdictions
different institutions, causing an overlap in roles, responsibilities,
Practice and jurisdiction.
> The Ministry of Information and regulating bodies (including
Lebanese Constitution:
Introduction & Article 13

> As overarching pieces of legislation, the Lebanese Constitution and
International Declaration for Human Rights state that freedom of the judiciary) reflect political and sectarian divisions in their
expression is a guaranteed citizen right. management and in the distribution of licenses to media outlets.
> However, they are not translated into existing laws and legal > Censorship bodies lack autonomy from political and sectarian
frameworks, and are therefore not enforced properly. influence, and lack clear orientations in censorship principles.
> Nevertheless, they can be used to build arguments for suggested > Media councils operate on a minimal basis due to limited funding
policy amendments. and unclear roles.

> A limited number of journalists are part of unions due to outdated
> The Press Law and Broadcast Law limit the creation of new media

Role of Media
procedures and restricted benefits, as well as the prevalence of
1994 Broadcast Law

outlets by introducing a licensing system with extremely high fees. partisan influence.
1960 Press Law

Unions
> They include vaguely formulated constraints and censorship > Unions do not have power or competencies to support journalists
mechanisms that result in random filtering of information, content, or monitor media outlets.
and ideas.
> Heads of unions are assigned based on sectarian quotas.
> They allow financial control by the state and do not properly protect
the rights of media workers and content developers.

Internal Governance
> From ownership to hiring, content development, and internal

of Media Outlets
governance, political parties and political figures are involved in
> Censorship regulations include vague and unclear mechanisms overall media management, making media outlets inaccessible to
Regulations
Censorship

for censorship, resulting in subjective influence over the flow of the younger generation of media practitioners and aspiring media
information. owners.
> They enable a high level of state interference in the transmission of > This affects content, transparency, and the politicized role played
information. by existing outlets.

4 5

CONSIDERING POLICY OPTIONS “ Media outlets should focus on solutions rather than transmitting
negative messages and spreading despair.
” Dr. Arda Ekmekji,
The following table describes policy options for enhancing freedom of expression Dean of the Faculty of Arts& Sciences
thorough research and participatory consultations with stakeholders around the Haigazian University
country. Each policy is based on different assumptions, has a specific objective
and strategies, and presents both advantages and disadvantages.

Policy Assumptions Objectives Strategies Advantages Disadvantages Experts’ Take Policy
options options
1 1

Reforming Media Legislation
Reforming Media Legislation

> Reforming press and
“The continuous decline
broadcasting laws can in the role of the media
> Pass a new media > Long-term process
guarantee freedom > Creates a democratic in Lebanon will lead
law with clear division that requires a clear
of expression and > Support and advocate means of regulating the to the decline of the
of mandates among lobbying strategy role of the state, and
promote transparency for a new media law media industry while
regulatory agencies, with no guarantee of consequently, to its
and accountability in through direct lobbying protecting the rights of
transparent decision- proper implementation, death."
the media sector, while of decision-makers. journalists and media
making mechanisms, and particularly if the Abdel Hadi Mahfouz,
allowing new, non- professionals.
new licensing practices. judicial system is weak. Director of the National
politicized voices to enter Council for Media
the media sphere.

2 2

ture and Internet Freedom
ture and Internet Freedom
Improving ICT Infrastruc-

Improving ICT Infrastruc-
> Improving the state “Improving internet
> Provide basic infrastructure is the
of the internet will > Faces resistance,
infrastructure and a > Create a legislative > Can lead to rapid quickest and most
allow easy access to specifically from
regulatory framework framework to protect change in the media efficient method we
information, foster government and public can use to achieve the
to empower newcomers internet freedom, while sphere, promote freedom
the growth of new and institutions, slowing change we aim for in
to the media scene improving broadband of expression, and expand
unconventional media down the change the media sphere.”
and protect freedom of and telecom services. access to information.
channels, and enhance process. Rouba Helou, Communication
expression.
freedom of expression. Expert and Journalist

3 3

Alternative Regulatory Policies
Alternative Regulatory Policies

> Faces resistance
Eliminating Censorship with

from religious groups “Internet censorship and
media restrictions are
> Eliminating censorship who will loose their increasing as a result
> Support campaigns
will encourage citizens > Foster respect for > Can lead to concrete control over cultural of sectarianism and
against General
to have constructive freedom of expression to change in a short period aspects, and from partisan interests, and
Security censorship there is a strong need
discussions about respond to citizen needs, of time, while creating a the existing political
and propose legal to join efforts and
sensitive issues and aspirations, and main more open and tolerant groups who will no
reforms and decrees to speak up to change this
limit the state’s political concerns. environment. longer have the ability reality.”
eliminate censorship..
interference. to use censorship as Ayman Mhanna, SKeyes
a means to create Executive Director
sectarian balance.

6 7

RECOMMENDING POLICY

Enhancing Freedom of Expression and Independent Media

The challenges to freedom of expression and the growth of independent media
in Lebanon are complex, multilayered, and tied to the financial interests of
“ The rise of sectarianism and polarization calls for issue-based and
citizen-centric media.
political and sectarian groups. Addressing these challenges thus requires
a multidimensional approach that draws on all three of the policy options ”
mentioned above.

While all of the suggested policy options are important to enhancing free
expression, this policy brief focuses on three critical pillars that are most urgent
and actionable by civil society organizations (CSOs):

Pillar Pillar
Open up media ownership Eliminating censorship and proposing This approach will advance freedom In the long run, complementary
by removing the monopoly over media alternative regulatory policies. of expression and the growth of efforts should include:
through reforming media legislation, This offers citizens the means independent media by removing
which includes licensing and to engage freely with traditional barriers to entry in the media industry,
ownership regulations. Current media and social media as a means decreasing media monopolization Modernizeing outdated and
licensing and ownership practices of political participation, while in the hands of political figures, sometimes contradictory media-
constrain the role of the media as alternative post-production eliminating government censorship, related laws,
platforms for free expression and regulations create accountability and creating a more enabling
meaningful exchange of information. mechanisms for media outlets. Improving ICT infrastructure and
environment for social and online
access, and
media.
Preserving internet freedom.

Pillar
Improve internet infrastructure
and speed to facilitate the growth
of alternative media channels and
expand the space for citizens to
express their ideas.

8 9

THE WAY FORWARD

Pillar Pillar
Open Up Media Ownership Eliminating censorship Existing Anti-Censorship Efforts
and proposing alternative
regulatory policies
> SKeyes is exposing government censorship and fostering dialogue on this
Under current media regulations, it is Vague censorship policies place issue through periodic reports, events, and the web series “Mamnoo3”
extremely difficult for new television ample discretionary powers in (“Forbidden”).
stations and newspapers to obtain the hands of General Security’s
licenses due to legal and financial Censorship Bureau, which is > MARCH, a local NGO, has researched and compiled cases of government
barriers. The Maharat Foundation influenced by religious institutions censorship in a “Virtual Museum of Censorship” (www.censorshiplebanon.
developed a draft law to reform the and political parties. CSOs have org), among other awareness activities and publications.
media sector in collaboration with launched several campaigns
other CSOs and non-governmental criticizing the mandate of the Social Media Exchange (SMEX) and Ontornet, among other NGOs, have
>
organizations (NGOs), which is being Censorship Bureau and its decisions launched a campaign against the Lebanese Internet Regulation Act
discussed within parliamentary to censor movies, books, theater (LIRA), which has yet to be passed but which has in its current form high
committees. The proposed law performances, and other forms of degrees of censorship over online content.
includes a set of reforms, the most expression. These have included The
important of which is modification of Virtual Museum of Censorship and > The media law is currently being debated in parliamentary committees.
licensing rules to foster the growth the web series Mamnou3!
of independent media outlets. The
current situation presents two The current situation calls for an
challenges: approach focused on:

During parliamentary committee Designing a policy that respects
discussions, it is important to freedom of expression while taking
maintain the integrity of the law into consideration the realities of the
proposal developed by civil society local context.
and prevent major changes that
would dilute the impact of key Forming an alternative and
reforms, particularly those related to inclusive structure to oversee a post-
media licensing and ownership. production regulatory framework
instead of prior censorship.
The timeframe between
concluding parliamentary committee Convincing the executive branch
discussions, placing the new law on to reform current censorship
the agenda of the General Assembly, policies and practices.
and voting on it might be long,
especially since there is a backlog of
300 law proposals that Parliament
has yet to vote on.

10 11

THE WAY FORWARD

Pillar Existing Studies and Proposals on Media Governance,
Improve Internet Censorship, and Media Reforms
Infrastructure and Speed

One of the main obstacles to Civil society can support existing > Recommendations from the Internews Network, published in 2009, are
better internet infrastructure is initiatives to increase internet speed a solid starting point for setting new internal governance standards for
governance of the sector. There such as the “Ontornet” campaign the media industry.
are overlapping responsibilities demanding the implementation of af-
fordable, high-speed internet across > The Heinrich Böll Foundation presented recommendations for fighting
between the Information and
Communication Technology (ICT) the country (www.ontornet.org) and censorship in a study titled “Censorship in Lebanon: Law and Practice.”
Strategy Coordination Unit within the the “Broadband Manifesto” issued by
> In 2011, the Maharat Foundation presented a media law reform proposal
Prime Minister’s Office, the Ministry the Internet Society-Lebanon Chap-
of Telecommunications, the state- ter (ISOC, www.isoc.org.lb). based on a consensual process that involved all major stakeholders in
run telecom provider OGERO, the the media sector.
Telecom Regulatory Authority, and
> The Lebanese Association for Democratic Elections (LADE), in partnership
the Office of the Minister of State for
Administrative Reform (OMSAR). The with media entities and with support from the European Union Afkar
government thus exercises a virtual program, launched a code of conduct for Lebanese journalists, which
monopoly over the internet sector. was signed but not endorsed as a binding policy.
The main reason behind low internet
speed is the weak infrastructure for > The Arab Rule of Law Initiative published a study on the state of the
broadband access. In light of these media in Lebanon highlighting limitations over ownership and content.
factors, civil society efforts should
> The International Press Initiative published a report titled “Media in
focus on:
Lebanon: Reporting on a Nation Divided” describing how the media is
In the short term, advocate a reflection of sectarian politics, but the recommendations were not
improvements of the internet translated into concrete initiatives.
infrastructure to the Ministry of
> OMSAR developed in 2003 an ICT strategy with seven pillars for
Telecommunications and OGERO.
reforming the ICT sector.

In the long term, push for > ISOC issued the “Broadband Manifesto” calling for better broadband
restructuring governance of the connectivity.
internet sector to liberate it from
government monopoly. > Law Proposal Number 435 calls for regulating and reforming the
telecom sector.

> Ontornet launched a campaign in 2011 calling for faster internet speed.

12 13

FUTURE ACTION

SHORT TO MEDIUM TERM LONG TERM
National Level Local Level National Level Local Level

Outcome
Expected
Outcome
Expected

A new media law is passed that includes open media ownership with low Grassroots community-level media outlets are created and spread across
financial barriers for new entrants the country

Open Up Media
Open Up Media

Ownership
Ownership

Build a coalition of CSOs, NGOs, and Support the establishment of Create a collaborative, inclusive,
Foster networking between local

Strategy
social media activists to monitor new local media outlets, and progressive, and sustainable
Strategy

media outlets to feed into a national
parliamentary committee discussions assist existing ones in expanding media outlet that can contribute
outlet and share technical and
and General Assembly voting on the their reach and increasing their to elevating citizen concerns and
financial resources.
proposed law sustainability issues

Outcome
Expected
Alternative regulatory policy reforms are adopted by the Cabinet, all types

Outcome
Expected

A new regulatory framework to guarantee freedom of expression and curb
of censorship are eliminated, and a committee is formed to implement new

Regulatory Policies
censorship is developed and endorsed by a large number of stakeholders
Regulatory Policies

regulations

Develop a new inclusive regulatory
Launch a campaign bringing
framework to replace censorship Develop a social media platform
Strategy

together CSOs, NGOs, and social Encourage local media outlets to

Strategy
policy, based on documented cases that documents and exposes
media activists to put pressure expose and publicize government
and practices by General Security’s the government’s censorship
on government to adopt the policy censorship practices
Censorship Bureau and benchmarks practices
and create a committee
with other countries
Outcome
Expected
Improve Internet Infrastructure

Improve Internet Infrastructure
Outcome
Expected
Internet speed is improved due to development of the network and The internet sector is liberated and not monopolized by government, and the
infrastructure as well as the availability of the needed budget to sustain it sector is organized within an effective governance model

Research and recommend a
Leverage and strengthen existing
Organize and mobilize local governance model for the internet Decentralize national campaigns
campaigns by expanding outreach to
Strategy

Strategy
stakeholders to increase pressure sector and increase pressure on to multiply their effects locally to
other stakeholders such as the private
on local MPs, linking internet government to liberate the sector increase internet access and speed
sector, NGOs, and the media and use
speed to local development through direct actions led by at the local level
direct actions to call for faster internet
existing campaigns

14 15

ILLUSTRATIVE ACTIVITIES

During the last decade, several initiatives have sought to further freedom of
expression and independent media, including attempts to establish a code of “ An alternative and inclusive post-production regulatory framework
conduct for journalists and legislative proposals to improve media regulations. is essential for enhancing the quality of media outlets and creating
These have yet to translate into concrete results. The advent of social media and accountability mechanisms.
its popularity among youth, coupled with an increase in online news agencies, are ”
indicators of interest and readiness by citizens to play a more influential role in
media. Removing licensing restrictions, curbing censorship, and improving the
internet infrastructure are critical steps for Lebanon to open the media industry
to new entrants and aspiring groups.

The following are suggestions for illustrative activities based on expert roundtables,
interviews, and focus groups, which can be adopted by NGOs, CSOs, and CBOs to
foster freedom of expression and independent media.

Illustrative Activities at the Illustrative Activities at the
National Level: Local Level:
Expose documented cases of media Establish a committee of experts to Link media freedoms and internet Invite municipalities to support media
censorship. review and reform governance of the rights to basic standards of living and projects and purchase of new licenses.
ICT sector. local development.
Document and raise awareness on Lobby MPs to adopt new proposals
mismanagement of General Security’s Support innovative television and radio Provide incentives for municipalities to curb censorship and open media
Censorship Bureau. programs that encourage freedom of to start new media outlets focusing ownership to new entrants.
expression. on democratic dialogue and local Work with universities to establish
Advocate for reforms aimed at curbing
development issues. media clubs.
government censorship. Initiate creative platforms to encourage
dialogue and free expression on Showcase successful cases of local
Create a lobbying group of new
priority issues, including current use of media and internet to raise
aspiring media owners and content
censorship policies. awareness and influence the national
developers.
agenda of MPs and Cabinet members.
Lobby MPs and parliamentary
Propose amendments to existing
committees to review and endorse Advocate to improve internet speed
licensing and media ownership
Law Proposal 435 for reform of the and access.
practices.
telecom sector.
Encourage the dissemination of
Launch loan and incubator projects for
Increase pressure on government to citizen-generated content online and
interested new media owners.
enhance broadband infrastructure via national news agencies.
Monitor media performance and through creative direct action and
alliances with international internet Help establish small online media
expose biased coverage and sectarian
activists. outlets covering local issues.
incitement.

16 17

ENGAGING WITH DIFFERENT PARTIAL LIST OF REFERENCES
STAKEHOLDERS
The suggested policy option must be endorsed by key stakeholders and policy- Arab Rule of Law Initiative. State of Media in Lebanon. Retrieved from http://www.arabruleoflaw.
org/Files/PDF/Media/Arabic/P2/MediaLebanonReportP2S2_AR.pdf
makers to be implemented. The influence that the various stakeholders yield
on the decision-making process will determine how they should be engaged “Artist Facing Jail Time: ‘Freedom of Expression Is a Myth in Lebanon.’” (April 6, 2012). Ya
Libnan. Retrieved from http://www.yalibnan.com/2012/04/06/artist-facing-jail-time-over-graffiti-freedom-of-
and the messages they should receive. Below is a list of stakeholders to be expressionis-a-myth-in-lebanon/
considered.
Chahine, J. (May 5, 2004). “Lebanese Media Fractured, Politicized.” The Daily Star.
> President of the Republic > International > Media development Retrieved from http://www.dailystar.com.lb/News/Politics/May/05/Lebanese-media-fractured-politicized.ashx
> Cabinet of Ministers media associations organizations
“Circumventing Censors” (September 2012). Al-Ahram Weekly Online, Issue 1114. Cairo.
> Ministry of Information > NGOs, CSOs, CBOs > Syndicates of
> Other Ministries > International journalists & editors Ekmekji, A., Dean of the Faculty of Arts and Sciences at Haigazian University (September 19,
> Parliamentary Committee media agencies > Production companies 2012). Personal interview by A. Hmayed, BRD/I.
on Media > Lebanese diaspora & publishing houses Feintuck, M. (1999) Media Regulation, Public Interest and the Law. Edinburgh: University of
> National Council for > Existing media > Academia & research Edinburgh Press.
Media outlets institutes
Freedom in the World 2005 - Lebanon (2005). Freedom of Expression, Freedom House. Article
> Political parties > New small media > Advertising agencies 19. London.
> Municipalities outlets
> ICT Coordination Unit at > Bloggers Helou, R., Communication Expert and Journalist (October 5, 2012).
the Prime Minister’s office Personal interview by N. Menhall, BRD/I.
> General Security Internews Network (2009). Behind the Scenes: Transparency in Lebanese Media Business
Practices.
Each of these entities requires a different strategy and approach to ally it with Kraidy, M. (2011). Media Reform in Lebanon: New Media, New Politics? Annenberg School
the suggested policy. The following table highlights the incentives for the key for Communication University of Pennsylvania.
stakeholders to adopt or support the proposed policy. These incentives can form Krischer, O. (August 2012). Censorship in Lebanon. Art Asia Pacific. Lebanon.
the basis for developing communication messages to persuade the stakeholders Retrieved from http://artasiapacific.com/News/CensorshipInLebanon
to take action. Maharat Foundation, http://maharatfoundation.org
Mahfouz, A., Director of the National Council for Media (September 3, 2012). Personal
Stakeholders Incentives interview by A. Hmayed, BRD/I.
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Blocks and Lawyers (MCL). Lebanon.
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Cabinet & Improve civic engagement and responsibility through Integrity (ACRLI). Retrieved from http://www.arabruleoflaw.org/Files/PDF/Media/Arabic/P2/
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ICT Coordination Media Law Proposal. (n.d.). Maharat Foundation. Retrieved from http://maharatfoundation.org/
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Unit and Telecom
Regulatory engage citizens in the process Media Situation in Lebanon (2006). The National Commission on Electoral Law. Retrieved
Authority from http://www.elections-lebanon.org/elections/docs_6_G_4_4a_25.aspx

Rebuild trust and credibility in the media sector and Media Sustainability Index: Developing Independent and Sustainable Media in Lebanon
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(2010). IREX.
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Melki, J., Dabbous, Y., Nasser, K. et al. (March 15, 2012). Mapping Digital Media in Lebanon.
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NGOs, CSOs, &
communication, and outreach and increase civil society
CBOs
influence within the public sphere

18 19

PARTIAL LIST OF REFERENCES

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Monitor for the Situation of Women and Children. (2009). Multiple Indicator Cluster Survey
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Moukhayber, G. (2010). Motives of the Law Proposal.
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Power, C. (2006). Media in Lebanon: Reporting on a Nation Divided. International Press
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