Identifying restraints on freedom of the press in laws of six Arabian Peninsula countries

1. I D E N T I F Y I N G R E S T R A I N T S
O N F R E E D O M O F T H E P R E S S I N L A W S
O F S I X A R A B I A N P E N I N S U L A C O U N T R I E S
B Y M A T T J . D U F F Y , P H . D .
K E N N E S A W S T A T E U N I V E R S I T Y
K E N N E S A W , G A .
A E J M C P R E S E N T A T I O N – A U G U S T 1 1 , 2 0 1 3
W A S H I N G T O N , D . C .
Arab Media Regulations

2. 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)

3. Methodology
 Examined laws that affect media freedom
in six Gulf Countries
 Bahrain, Kuwait, Oman, Qatar,
Saudi Arabia, and United Arab Emirates
 Sources included Arabic-language documents:
 Constitutions, penal codes, media laws, cybercrime laws
 Many not available in English or easily accessible
online
 Translations/research
supported by:

4. Methodology and limitations
 Analyzed constitutions, penal codes, laws
 Most 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 reports
 But, 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

5. 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

6. 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.

7. Laws, regulations inside
ICCPR purview

8. Defamation – libel and slander
 Protection of reputation
 Arab press laws differ in three ways from
international norms
 1) 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 deserve
 3) Public figures should receive less defamation
protection than private figures

9. National security and public order
 All countries limit speech on these grounds
 But, how/where to limit speech is important
to ensure protection of robust political speech
 In 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

10. Public morals
 Obscentity/Indecency
 Protection of religion/Blasphemy
 Countries vary widely on these perspectives
 No generally accepted “best practice”
 Rarely involve protection of political speech
 Except, perhaps, in Saudi Arabia
 Better left unaddressed in this research

11. Laws, regulations
outside ICCPR purview

12. 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.

13. 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.

14. 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

15. 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

16. Others laws outside purview of ICCPR
 Don’t publish info that damages the economy
 Don’t disparage Islamic/friendly country/king
 Only offer “constructive criticism” (Saudi Arabia)
 No article defaming Arabs and their civilization
 Such bans are “overly broad.”

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

18. The End!
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