Despite Arab Uprisings, Press

Freedom Still ElusivePublished in Jadaliyya.com

By Dr. Matt J. DuffyKennesaw State University

AUSACE ConferenceTangier, Morocco

Nov. 11-14

In Arab world, since 2011Few improvements in press freedom

LibyaEgyptYemenTunisia

More restrictionsOman JordanUnited Arab EmiratesSaudi Arabia

Press Freedom RankingsFH 2013: “Partly Free”

Libya, Lebanon, Kuwait, TunisiaLibya and Tunisia retained

their statusAll other countries “not free”

Disappointing since one of lessons of Arab Spring was public wanted more uncensored infoTwitter, FB, YouTube became conduits

“As long as you don’t write about the king, the military, religion or sex you can cover anything you want.” – Jordanian journalist, “The New Arab Journalist”

Research questionsWhat are legal elements that have led to poor

rankings? Defamation — penal codes Insult chargesFalse news lawsPublic order lawsLicensing of journalists

How have governments changed legal restrictions in wake of Arab Spring?

DefamationInternational norms (Europe, US, South America,

Central America, Japan, S. Korea)Civil, not criminal chargesHarder for public figures than private figures to

winTruth is an absolute defense

Arab world – exact oppositeCriminal charges—defamation charges start with

complaint to police“Aggravating factor” if public figure defamedTruth not necessarily a defense

Defamation — 2013 casesMorocco's prosecutors charged Alaan Magazine

editor with criminal defamation after he published an exposé about a public official ordering champagne while on a taxpayer-funded trip abroad. His report was verified with receipts.

In Tunisia, a university professor and blogger was charged with criminal defamation of public officials. The blogger had documented unethical spending by the former Foreign Minister.

• In Kuwait, an online publisher of “Alaan” newspaper was sent to prison for defaming the former Oil Minister after he “expressed his opinion that there was a need to combat corruption.”

Insult chargesLaws that ban insults and criticism

of rulers or public officials

Not all Arab countries have these laws, most have ban on ruler criticism

Left over “Lèse-majesté” from colonial rule

In 2011, the UAE government convicted five digital activists with “insulting the ruler” and other charges after engaging in a political discussion on a forum site

In Oman, two journalists lost a case in which they were accused of insulting a public official after reporting on corruption in the justice ministry in 2012.

In Kuwait, dozens of citizens—including opposition politicians—have been jailed for “insulting the Emir” via posts on Twitter in 2012-and 2013.

Insult chargesInternationally, insult charges

rarely/never used

In 2013, European Court of Human Rights overturned a conviction in France against a man who had allegedly insulted the French president with a sign that contained a profanity.

Even that 30-euro fine was considered an abridgment of free speech.

False NewsMany Arab countries make reporting/spreading

a falsehood a illegal

Seems noble, but many countries have dispatched such laws as incompatible with free expression

Increasingly used against social media speech

Uganda Supreme Court (2014):A person’s expression or statement is not precluded

from the constitutional protection simply because it is thought by another or others to be false, erroneous, controversial or unpleasant… Indeed, the protection is most relevant and required where a person’s views are opposed or objected to by society or any part thereof, as “false” or “wrong.”

False news — recent charges

In UAE, Article 38 of the cybercrime law prohibits spreading “any incorrect, inaccurate, or misleading information which may damage the interests of the state or injures its reputation, prestige, or stature.”

Used against social activist who was tweeting details of trial in which foreign media was barred

False news charges in Saudi Arabia, Bahrain, Kuwait as well.

In Egypt, Al Watan newspaper charged with “false news that could disturb public peace” after report on plans of militant terrorist cells.

Public Order LawsInternational jurisdictions create specific,

narrow rules for arresting any journalist on the grounds of disrupting public order.

For instance, in the United States, a speaker must be advocating “imminent lawless action” before an arrest can be made.

In Europe, “incitement to hatred” would be valid reason to arrest journalist

Wide boundary for journalists

Public Order LawsMany Arab countries abuse public order laws

In May 2013, the UAE government charged an online activist with violating the public order provision of the recently updated cybercrime law.

The activist was charged with violating Article 28 of cybercrime law, which makes it a crime to use digital technology “with the intent of inciting to actions, or publishing or disseminating any information, news, caricatures, or other images liable to endanger security and its higher interests or infringe on the public order.”

Public Order LawsIn 2012, a Kuwait court shut down

the largely Shiite newspaper Al-Dar for six months “prompted by two articles that were accused of inciting violations of public order and expressing hate toward certain religious and social groups.”

• The articles in question had described the movement of Saudi troops into the Shiite-majority kingdom Bahrain during unrest in that country.

• Such reporting does not appear rooted in a desire to upset public order or create religious strife.

Licensing of journalistsAll Arab countries require journalists to be

licensed In some countries laws on the books not enforced

Licensing of journalists is seen as infringement of free speech since journalists who offend powerful figures could have their licenses revokedTelevision outlets are licensed because of spectrum

scarcity

Jordan forced online news outlets in register in 2013

Iraq revoked journalism licenses for nine broadcast outlets.

Result? Self-censorship

An editor for a Saudi paper says “we know our limits and in a way practice self-censorship. There have been troubles when red lines have been crossed.”

Egyptian reporter working for an Emirates newspaper said he had asked himself “two or three times what will be the reaction” before publishing an article.

Another Gulf editor said it plainly: “Our press is infected with the self-censorship virus.”

Silver liningsIt’s not all doom and gloom

Tunisia has retained “partly free” rankingHasn’t seen major actions from gov’t to restrict

relatively free landcape

Libya has seen 69 new media outlets spring up in free media environmentFree due to lack of government control in general

Yemen still “not free” but far more media freedom than pre-revolutionNo journalist deaths in 2012

The EndMatt J. Duffy, PhD

Kennesaw State University

Teach communication law and policy

Slides at: www.mattjduffy.com

Twitter: @mattjduffy