ASSESSMENT OF MEDIA LEGISLATION IN

BY FRANCESCO SCIACCHITANO

This report has been produced with the assistance of the European Union. This project is The content is the sole responsibility of the MedMedia project and can in no way funded by the be taken to reflect the views of the European Union. European Union CONTENTS

4 13 22 32 1. EXECUTIVE SUMMARY 4. LEBANESE MEDIA 4.8. Lebanese electoral law 8. CONCLUSIONS AND LEGISLATION RECOMMENDATIONS 1.1. Confessional political 4.8.1. Electoral system system 4.1. The Press Laws 8.1. Conclusions 4.8.2. Media/campaign Lebanon enjoys a relatively free and 1.2. Plurality of the media 14 8.2. Policy recommendations

4.2. The Audio-visual Law 4.8.3. System for complaints pluralistic media, which publishes 1.3. Protections in the eye 8.2.1. Independence and appeals of the law 4.3. The law on satellite 8.2.2. Regulatory system and broadcasts in , French, broadcasting 4.8.4. Representation of women 1.4. Media regulation

4.4. Other non-regulated 24 8.2.3. Censorship English and Armenian. There is an 5 media sectors 4.9. The National Council 1.5. Satellite and new media for Audio-visual 8.2.4. Electoral framework established, well-educated media 4.4.1. Cinema and theatre 1.6. Advertising revenue Media (NAC) 8.2.5. Media independence elite but full freedom is still, arguably, 4.4.2. Cable and internet 1.7. Structure of the report from external influences hindered by sectarian divisions. 4.5. Main provisions of the 27 Lebanese audio-visual 5. THE MEDIA 6 35 legal framework LANDSCAPE 2. INTRODUCTION 9. LIST OF MEDIA 4.5.1. Official permission 5.1. Print media OUTLETS, 2.1. The historical context for the establishment ORGANISATIONS 5.2. Radio 7 of media outlets AND LAWS

2.2. Political system 5.3. Television 9.1. Newspapers 4.5.2. Licensing requirements 8 5.4. Online and digital media 9.2. Radio 2.3. Economic overview 4.5.3. Right of reply 9.3. Television 17 28 9 4.6. Censorship 6. MEDIA 9.4. Online media

3. PRINCIPLES ORGANISATIONS 4.6.1. Government directives 9.5. News agencies GOVERNING MEDIA on inappropriate content 6.1. News agencies LEGISLATION 9.6. Trade unions

6.2. Trades unions 3.1. Constitution 4.6.2. Censorship of s 9.7. Laws and regulations

international media 6.3. Other media outlets 3.1.1. Separation of powers 9.8. Institutions 4.6.3. Self-censorship

3.1.2. Rule of law, autonomous 18 29 36 churches and religious 4.7. Laws on defamation 7. MEDIA MARKET 10. SOURCES representation STRUCTURE

4.7.1. Types of defamation 3.1.3. The National Pact of 1943 7.1. Fair allocation 38 4.7.2. Entities protected by of advertising 3.1.4. The Taif Agreement 11. APPENDIX defamation laws 7.2. Media ownership 11.1. Commentary on 3.1.5. The 4.7.3. “The law of the kings and Law 330 of 1994, 12 heads of state” 7.2.1. Diverse ownership amending the 3.2. The principles governing 4.7.4. When truth is a defence 7.2.2. Expression of pluralistic Legislative Decree THE AUTHOR the media sector in in libel cases views No. 104/1977 the Constitution

4.7.5. Implementation of 3.2.1. Freedom of peaceful 7.2.3. Access to the media defamation laws assembly and association FRANCESCO SCIACCHITANO is executive officer at the Autorità per le garanzie nelle comunicazioni (AGCOM), the Italian communications authority. Over the past 15 3.2.2. Freedom of expression 4.7.6. Laws for the media in the years, he has led twinning projects between AGCOM and regulatory bodies in Tunisia, Arabic language and in Jordan, Israel and Egypt. He is also responsible for monitoring the implementation of 3.2.3. Access to information non-Arabic languages the AVMSD in Italy as well as drafting regulations for the communications sector.

October 2014 Report completed: Sophia Baraket Photography: Library pictures from iStockPhoto

3 1. EXECUTIVE SUMMARY

magazines, books and films before they development of the Lebanese media media, radio, television, online and This report examines Lebanon’s Constitution and its audio- are distributed as well as pornography sector and its idiosyncrasies. digital media individually. A small but and political or religious material that is important subsection is dedicated to visual legal framework, identifying the areas that do not meet deemed a threat to the national security Section 3 describes the structure and the presence of foreign radio and of either Lebanon or . the main provisions of the Lebanese . international standards of best practice and recommending Constitution, as well as the main principles 1.5. SATELLITE AND NEW MEDIA (which originated within Article 13 of the Section 6 presents the organisations, changes that would enhance the role of the media within the Access to satellite television has grown Constitution) that govern the Lebanese trade unions and other outlets of the broader context of democratisation. substantially over the last decade. In media sector: freedom of expression media sector in Lebanon. This information 2012, the Ministry of Information and the and information, , is often absent from international reports Telecommunications Ministry announced freedom of association, and the right and media literature, but it is very useful plans to launch a “smart media city” to access information and documents. in the Lebanese case, because it helps project that would improve the This section also assesses the extent to better to describe the tensions between telecommunications infrastructure and which these principles are effectively journalists, media outlets and government. allow additional satellite television stations implemented by the Lebanese authorities. and production studios to be established. Section 7 describes briefly the Lebanese Section 4 presents existing Lebanese audio-visual market structure and Although the diffusion of audio-visual audio-visual media legislation (mainly specifically focuses on media ownership, content over cable and internet is not the Press Law, the Broadcast Law, and pluralism and access to media. regulated, the two platforms are growing the Satellite Law) and the other exponentially. In 2012, 61% of the provisions dealing with the establishment Section 8 summarises the main findings population had access to the internet. of media outlets, pluralism, licensing, of the report and provides a list of The Telecommunications Ministry right of reply, censorship, defamation, recommendations specifically designed controls the international gateway for electoral campaigns and so on. to meet the needs of the Lebanese internet traffic. The country lacks the Particular attention is paid to analysing market and divided into topics, for This report examines the Constitution service broadcasting that can serve as a Armenian. There is an established, well- infrastructure for high-quality broadband the competences and activities of the ease of reference. and the audio-visual legal framework of counterweight to the private media. educated media elite but full freedom connections and does not have a special National Audio-visual Council (NAC). Lebanon and identifies the areas that is still, arguably, hindered by sectarian network to transmit data, relying instead Each of these sectors will be analysed Section 9 offers a (not necessarily do not meet international standards of The key themes for consideration are divisions. Media owners in Lebanon tend on existing landline telephone networks. in depth and some recommendations comprehensive) list of the most best practice and might benefit from summarised at 1.1–1.6 below. to come from a political and business Social media platforms such as Twitter will be made for a possible review of important newspapers, radio stations, review and harmonisation. To this end, elite who have the funds and support to and Facebook are popular among the Lebanese framework. TV channels, cinemas operators, it recommends changes to the legal 1.1. CONFESSIONAL POLITICAL operate expensive broadcast networks. Lebanon’s internet users. telecommunications operators, online framework aimed at enhancing the role SYSTEM Thus, news content typically reflects the Section 5 provides an overview of media, news agencies, trade unions, of the media within a broader process of One of the biggest challenges Lebanon biases of the owners. 1.6. ADVERTISING REVENUE the media landscape, treating print law, regulations and institutions. social advancement and democratisation. faces is the continuance of a confessional The advertising market in Lebanon is system of politics based on sectarian 1.3. PROTECTIONS IN THE EYE extremely limited, and is not able to All international covenants representation, which dates from the OF THE LAW sustain the breadth of media outlets and democratic conventions require country’s independence. Political and Lebanon’s Constitution (Article 13) makes operating in the country. The Choueiri the media to serve the public, rather religious divisions continue to inform provision for and seeks to guarantee the Group, one of the largest media brokerage than the reverse. Yet in Lebanon today and to undermine the development of basic principles of freedom of the press. firms in the , has long the media reflects political or sectarian a truly free and unified Lebanese media However, this general principle tends to dominated this small market. Since neither allegiances rather than serving citizens’ system, both public and private. The be constrained by contradictions in other print nor audio-visual media outlets are All international human rights covenants interests and rights. There is an urgent Lebanese Constitution requires that pieces of legislation, such as the Press financially self-sufficient, publishers and need for effective checks and balances religious communities are represented Law of 1962 and the Broadcast Law of broadcasters are predisposed to accept and democratic conventions require to guarantee access to the media for in public office, ministerial posts and as 1994, as well as the Penal Code. Lebanese financial assistance from outside sources, those who have no media representation. members of the legislature. This system, academics have been highly critical of this including foreign entities, in exchange for the media to serve the public, rather Moreover, the media cannot demand the referred to as the al-nizam al-taeifi (or confused legal landscape. editorial support. This allows foreign and than the reverse. Yet in Lebanon today freedom to report if their practices go sectarian system), has resulted in a media business interests to use the media to against the public interest by hindering landscape shaped by the political and 1.4. MEDIA REGULATION pursue their own agendas. the right of the individual to obtain religious affiliations of the different sects The Electoral Law adopted in September the media reflects political or sectarian accurate information and play an active in Lebanon. 2008 contains no provisions relating to 1.7. STRUCTURE OF THE REPORT allegiances rather than serving the citizens’ role in building an enlightened civil society. media coverage during electoral campaigns; Section 2 offers a detailed overview Public interest should be placed ahead 1.2. PLURALITY OF THE MEDIA political advertising; or media silence in of the historical context, the political interests and rights. of the private rights of journalists and Lebanon enjoys a relatively free and the days immediately before an election. system and the economic situation the media. The state needs to legislate pluralistic media, which publishes and The Directorate of General Security of the country, all of which are and facilitate the establishment of public broadcasts in Arabic, French, English and (SG) is authorised to censor all foreign important factors in understanding the

4 5 2. INTRODUCTION

In September 1988, the Lebanese Agreements formally put an end to the or TV and radio stations can be described Lebanese society, much like its media, has historically been parliament agreed to the Taif Agreement, confrontation and paved the way for a as immune to the ongoing conflict – and which included an outline timetable for fragile truce inside Lebanon. very few even attempt to maintain a noted for its diversity and inclusiveness. Yet, despite its apparent Syrian withdrawal from Lebanon and a neutral stance. formula for the de-confessionalisation of In 2012 the Syrian revolution and war freedoms, this media often serves the interests of a political elite the Lebanese political system. The war threatened to spill over into Lebanon, It is for these reasons that – despite ended at the end of 1990, after massive causing more incidents of sectarian the formal guarantees declared by rather than working for the good of the general population. loss of human life and property and violence and armed clashes between the Constitution and the media legal having devastated the country’s economy. Sunnis and Alawites in Tripoli. In August framework – the 2014 “Freedom of 2013 more than 677,702 Syrian refugees the Press” report by Freedom House, a Emerging from the bloody chaos of the were in Lebanon. At the time of writing, US-based NGO, rated Lebanon as “Partly civil war (1975–1990), Lebanon enjoyed a as the number of Syrian refugees Free”, with a score of 53 out of 100 period of relative stability in the following increases, the Party, (where a country enjoying a free press decade with increased Syrian political the and the Free Patriotic would be valued “0”).4 and military influence over its territory Movement fear that the country’s under a policy known as “”, sectarian-based political system could be 2.2. POLITICAL SYSTEM which had the approval of the United undermined. Lebanon is a parliamentary democracy, States and the other main regional and with a confessional structure. This The Lebanese media, like the country’s The 1994 Audio-visual Law reduced this doing battle. The freedom and balanced international actors. The clashes culminated in the killing, on system is designed to fairly represent political system, has long been regarded chaos by dramatically relicensing, reducing coverage for which the Lebanese media – December 27th 2013 in a car bomb the demographic distribution of the as unique in the Middle East. Reflecting competition and rationalising the system, long considered trailblazers in the Arab The internal political situation in Lebanon explosion in downtown , of the 18 recognised religious groups in the the pluralism and diversity of Lebanese motivated in some part by the need to world – were known has declined, significantly changed in the early 2000s. former minister of finance, Mohamad key positions in the government and society, the media sector has historically bring a greater degree of order to the with management now reluctant to After the Israeli withdrawal from Chatah, a senior aide to the former prime in parliament. enjoyed relative freedom of the press. airwaves. Although the cabinet allocated reveal details about internal procedures southern Lebanon, the Syrian military minister of Lebanon, Saad Hariri. It was privatised early in its history, with the licences according to law, it did so and operations. presence faced criticism and resistance Until 1975 Freedom House, which the introduction of the 1994 Audio- by means of a formula (unstated) that from the Lebanese population. Not only have the local media been conducts research and advocacy on visual Law. Yet despite its apparent in practice reflected the distribution of For the reasons mentioned above, more deeply influenced by this dangerous democracy, political freedom and human pluralism, “the disorientation and power within the country: one station for than most countries in the Middle East, In 2004 the new French-American polarisation but they have also gradually rights, considered Lebanon to be one of fragmentation” of the media system, the Christians, one for the moderate Shia the media situation in Lebanon today initiative against the Syrian presence taken on the role of propagandists for only two (together with Israel) politically as described by media scholar Nabil Muslim Amal movement, another for the cannot be understood without taking in Lebanon along with its allies in the opposing Lebanese political and sectarian free countries in the Middle East and Dajani,1 has often served the interests of more militant Hizbullah and another for into account the historical context in country was set in motion with UN groups.3 The Lebanese press corps has North African region. The country the political elite rather than working for the Sunni Muslims, and so on. which it has evolved. Resolution 1559 and started one of also suffered many casualties over recent lost this status with the outbreak of the good of the general population. the longest political crises that had ever years due to targeted attacks and armed the civil war, and has never regained it Lebanese journalists are almost all fluent 2.1. THE HISTORICAL CONTEXT occurred, not just between Beirut and conflicts. Today none of the newspapers (see 2.1 above). As we will see in sections 2 and at least in both English and French; Lebanon’s history since independence Damascus, but also between the Syrian- 3, Lebanon’s current media policy they are usually very familiar with has been marked by alternating periods Iranian and the Israeli-American axes. environment is a direct reflection European and North American media of political stability and turmoil against a of efforts to recover from the civil contexts and enjoy a long tradition background of prosperity built on Beirut’s On July 12th 2006 Hizbullah launched war in a country whose difficulties of access to foreign media. However, position as a regional centre for finance a series of rocket attacks and raids into are compounded by the geopolitical the dearth of state policies to protect and trade. This dangerously unstable Israeli territory, where they killed three complexities of its relationship with the profession renders journalists situation has had a profound impact on Israeli soldiers and captured a further The Lebanese press corps has suffered Syria and the rest of the Middle East, defenceless against the oligopoly of a the development of the media (mainly two. Israel responded with airstrikes including Israel. In this and other few media tycoons. This seems likely to press) sector in the country. and artillery fire on targets in Lebanon many casualties over recent years due respects the current media scene is continue in the medium term because along with a ground invasion of southern not as free and varied as it might at of the overwhelming sectarianism In 1975, following increasing sectarian Lebanon, resulting in the 2006 Lebanon to targeted attacks and armed conflicts. first appear. Obstacles confront any and the highly volatile situation in the tensions, a full-scale civil war broke out in War. The conflict was officially ended by aspiring newspaper publisher and, regions. The so-called “security of the Lebanon. The pitted a UN Security Council Resolution 1701, Today none of the newspapers or TV since its implementation in 1996, state” and “civil peace” will likely remain coalition of Christian groups against the which ordered a ceasefire, on August the 1994 Audio-visual Law has been untouchable principles taking priority joint forces of the Palestine Liberation 14th 2006. and radio stations can be described as applied, unevenly, to prune the chaotic over real freedom of the press.2 Organisation (PLO), left-wing Druze and proliferation of small broadcasting Muslim militia. In June 1976 Syria sent Four years later, after the death of more immune to the ongoing conflict – stations that mushroomed during During the recent years of harsh internal in its own troops, ostensibly to restore than 1,000 civilians in the Israeli–Hizbullah the civil war while ensuring that the political confrontation, most of Lebanon’s peace. In October 1976 the Arab League war (2006), internal armed clashes in and very few even attempt to country’s dominant political leaders media seem to have become the first agreed to establish a predominantly Beirut and (2008) have television channels and radio tools of conflict among the political, Syrian Arab Deterrent Force, which was and several explosions and political maintain a neutral stance. stations of their own. religious, military and financial forces charged with restoring calm. assassinations (2004–2007), the Doha

1 Nabil Dajani is a professor of media studies at the Department of Sociology, Anthropology and Media Studies at the American University of Beirut in Lebanon. Among 3 “Freedom of the World 2014”. Freedom House. Available at: www.freedomhouse.org/report/freedom-world/freedom-world-2014#.U7sFtPnUaao. other articles, he has written “The Myth of Media Freedom in Lebanon”. Available at: www.arabmediasociety.com/index.php?article=833&p=0. 4 “Freedom of the Press 2013: Lebanon”. Freedom House. Available at: www.freedomhouse.org/report/freedom-press/2013/lebanon#.U7sHuPnUaao. 2 “The Myth of Media Freedom in Lebanon”, by Nabil Dajani, op. cit.

6 7 3. PRINCIPLES GOVERNING MEDIA LEGISLATION

Lebanon’s national legislature is a poverty line. Poverty is concentrated in Most of Lebanon’s population has unicameral parliament. Its 128 seats are the Beka’a Valley, Tripoli and Akkar, as well access to primary and secondary Lebanon is a parliamentary democratic republic based on the divided equally between Christians and as in the country’s 12 official Palestinian education, although a significant Muslims, and proportionately between both camps and numerous unofficial refugee proportion relies on private facilities, respect of common liberties. This chapter examines the legislation, the 18 different denominations and the communities (commonly referred to as particularly for secondary education. 26 regions. Prior to 1990 the ratio stood “gatherings”). Overall, it would seem that Lebanon has adequate health facilities, principles and agreements that form the country’s Constitution. at 6:5 in favour of Christians. However, the the low levels of economic opportunity although again, there is widespread Taif Agreement, which put an end to the in certain areas of Lebanon act as a push reliance on private health care and 1975–1990 civil war, adjusted the ratio to factor for external migration.5 a substantial proportion of the grant equal representation to followers of population remains uninsured. The the two religions. Parliament is elected for a The conflict in Syria is likely to adversely influx of Syrian refugees since four-year term by popular vote on the basis affect Lebanon’s economy for as long as 2011 has increased competition of sectarian proportional representation. it continues by raising inflation, increasing for access to educational and health unemployment, discouraging foreign facilities, affecting both Syrians and The executive branch consists of the direct investment and reducing tourism. lower-income Lebanese. president, the head of state, and the prime minister, the head of government. The parliament elects the president for a non-renewable six-year term by a two-thirds majority. The president appoints the prime minister, following consultations with parliament. The president and 3.1. CONSTITUTION and obligation without any distinction by the Penal Code, Press Law and the prime minister form the cabinet, The introduction to the current Lebanese between them.” Article 12 further Audio-visual Law, as well as the Military which must also adhere to the sectarian Constitution sets out that Lebanon is stipulates: “Every Lebanese has the right Justice Code, have enabled officials to distribution set out by confessionalism. a parliamentary democratic republic to hold public office without preference trample on constitutional rights and curb based on the respect of common of one over another except in merit freedoms of speech and expression.6 2.3. ECONOMIC OVERVIEW liberties, including freedom of expression and competence in accordance with Lebanon has a free market economy, to and belief, as well as social fairness and the terms stated by law.” 3.1.1. Separation of powers which banking, tourism and remittances equality in rights and duties among The Constitution divides the powers from abroad make an important all citizens, with no preferences or The Constitution also guarantees the of the state into three branches of contribution. Lebanon enjoyed strong favouritism shown to one group at following freedoms: government: the legislative; the executive; GDP growth between 2007 and 2010, the expense of another. and the judicial. averaging 7.5% a year. Due to the conflict • Religious freedom in all of its in Syria and domestic political instability, The following three rights are among manifestations. Article 9 stipulates that 3.1.1.1. Legislative branch Lebanon’s GDP growth slowed to 3% in those protected by the Constitution: the freedom of belief is absolute and Article 16 of the Constitution originally 2011 and slowed further to 1.4% in 2012. the state shall respect all religions and vested the legislative power in a The World Bank projects that growth • The right against arbitrary arrest or denominations, ensure free exercise parliament composed of two separate in 2013 and 2014 will continue to be detention. Article 8 states that personal of religious rites and respect religious bodies – a senate and a house of muted, at approximately 1.5%. freedom is protected and no one shall interests and personal status laws. deputies. The Constitution gives every be apprehended, detained or imprisoned • Freedom of education. Article 10 Lebanese citizen aged 21 and over the Inflation, which had been steady at around except in accordance with the provisions specifically provides for the right of right to vote and thereby elect deputies 5% from 2008 to 2012, reached 10% of the law. It also subscribes to the nullum religious communities to have their to the house if he or she meets the between mid-2012 and mid-2013. This was crimen sine lege principle under which no own schools, subject to compliance conditions required by the electoral in part due to the influx of Syrian refugees Lebanon’s history since independence crimes or punishments can be established with applicable governmental regulations. law in force. The house of deputies has and the resulting flows of humanitarian except by law. • , freedom of the power to: assistance. Government debt levels remain has been marked by alternating periods • The right to private ownership. Article association and freedom of the press. high, at approximately 130–140% of GDP. of political stability and turmoil… This 15 stipulates that ownership is protected Article 13 contains the only provision • legislate (Article 16); Corruption significantly affects Lebanon’s by law and that no-one shall be deprived affecting the media: “The freedom to • affirm or disapprove of the formation of economic performance. dangerously unstable situation has had of their property except in the public express one’s opinion orally or in writing, the cabinet (Article 64); interest as described by law and after the freedom of the press, the freedom of • oversee the performance of the cabinet Lebanon is classified by the World Bank a profound impact on the development receiving fair and just compensation. assembly, and the freedom of association and its ministers and vote them out of as an upper-middle income country, with • The right to equality. Article 7 shall be guaranteed within the limits office when necessary(Articles 37, 69); average per capita gross national income of the media. unequivocally stipulates that: “All established by law.” Although Article 13 • elect the president of the republic of approximately US$10,000 in 2014. Lebanese are equal before the law. seemingly celebrates civil liberties, the (Article 49); However, nearly a third of the country’s They enjoy equal civil and political broadly worded edict and discriminatory • ratify certain categories of international population is estimated to live below the rights and are subject to public duties provisions on media and press regulated treaties and agreements (Article 52);

5 “DFAT Country Report: Lebanon”. Department of Foreign Affairs and Trade, Australia. February 25th 2014. 6 “Lebanon in urgent need of new press law”, by Rana Harbi. Available at: http://english.al-akhbar.com/node/19037.

8 9 • approve the annual budget of the state • Presiding over ministerial meetings judgments are made in the name of the religious communities shall be equitably (Article 32). to discuss and review matters of Lebanese people. represented in public employment and governance. However, these meetings in the formation of the cabinet without 3.1.1.2. Executive branch are not considered to be cabinet However, the laws enacted to organise causing harm to the interests of the state.” In its original stipulation, Article 17 of the meetings representing the executive the judiciary do not meet the goals of Constitution vested executive power in branch. A cabinet meeting could Article 20. The executive branch, through Although Article 95 contradicted the Without the protection of trades the president of the republic with the not be officially held without the the Ministry of Justice, plays a role in the equality principle that Article 7 so assistance of the ministers. The ministers president’s attendance. appointment, promotion and reassignment strongly guaranteed (see 3.1 above), unions, journalists may be easily harassed are not members of parliament, although • Participating with the president in the of judges, which brings the independence it was positive in that it left open the members of parliament can serve as formation of the cabinet. The practice of the judiciary as a separate branch of opportunity, at least theoretically, for any and influenced by editors who are ministers (Article 28). is for the president to first nominate government into question.7 Furthermore, individual to be employed in any public the prime minister, who in turn consults neither the House of Deputies nor the position or ministerial post; in other affiliated to one or another religious/ 3.1.1.3. Role of the president with the political groups in parliament cabinet has made any effort to establish words, it did not assign specific positions Under the Constitution, the president and then reviews the results with the a court with jurisdiction to decide on to specific communities. political group. has the power to: president. The president then issues a the constitutionality of laws or protect decree, countersigned by the prime constitutional rights. Article 96 provided for the division of • appoint and dismiss the prime minister minister, appointing the ministers and the senate seats among the religious and the ministers (Article 53); designating their portfolios. In a 1990 amendment, a constitutional communities by allocating five seats to • preside over meetings of the cabinet; • Countersigning all other presidential court was established with limited the Maronites, three to the Sunnis, three in the Constitution. However, following • The vesting of the executive power of the • make appointments to public office decrees along with the ministers jurisdiction. Under this amendment only to the Shias, two to the Greek Orthodox, independence, customary practices state in the Council of Ministers rather (Article 53); concerned. the president, the speaker, the prime one to the Greek Catholics, one to expanded religious representation than in the president (Article 17); • negotiate and conclude international • Representing the cabinet before minister and a minimum of 10 deputies the Druze and one to the minority to include assigning certain offices to • The necessity of a two-thirds vote by the treaties (Article 52); parliament. have the right to petition the court for denominations (all those not otherwise certain religious communities both in cabinet on all major decisions (Article 65); • propose new legislation (Article 18); • Overseeing the work of the ministries. a review of the constitutionality of laws assigned specific seats). administrative and political positions, • The creation of a constitutional court • promulgate the laws as approved by and resolution of disputes arising out of including the offices of president, prime (Article 19); parliament (Article 51); The role of the prime minister, however, presidential or parliamentary elections. Furthermore, Decree No. 1307 of 1922 minister and speaker of the house. • The distribution of the seats of the house • remit to parliament for reconsideration does not significantly infringe upon the In addition, the heads of the recognised and all subsequent electoral laws to which of deputies equally between Christians laws that it has already approved power of the president, who always religious communities were also given Article 24 of the Constitution referred, 3.1.4. The Taif Agreement and Muslims and proportionally among (Article 57); retains the authority to dismiss the prime the right to petition the court on allocated the seats of the members of the The National Pact succeeded in ending each of them until such time as the • dissolve parliament (Article 55). minister at will. matters related specifically to personal House of Deputies among the various the mandate but failed to transform house has enacted an electoral law which status, freedom of belief, the exercise of religious denominations in numbers that Lebanon into a cohesive functioning state. is not based on religious representation 3.1.1.4. Roles of the prime minister It is unclear whether the cabinet religious rites and freedom of religious varied over time.11 The political positions of the various (Article 24); and the cabinet constitutes an organ of the executive education.8 The law recognises 19 religious groups continued to be divided mainly • The creation of a senate where all religious The roles of the prime minister and the branch separate from the president. communities: 11 Christian, five Muslim and Because of this apportionment on the along religious lines. It was only a matter of communities are to be represented when cabinet are only briefly mentioned in Does the cabinet have, for example, the three Jewish communities.9 basis of religious affiliation, for all practical time before the political divide between the members of the house of deputies are the Constitution with just a few cursory legal power to register its disapproval purposes the deputies have come more Christians and Muslims exploded into a no longer elected on a confessional basis references, such as those in Articles 53 of a presidential decree? It is doubtful, 3.1.2. Rule of law, autonomous to represent the religious communities full armed conflict. This occurred in 1975 (Article 22). and 66. and certainly there is no evidence of the churches and religious representation whose seats they occupy than the whole and lasted until 1989, when the surviving cabinet ever exercising any such power Historically the religious minorities enjoyed nation or even the geographic districts deputies elected in 1972 met in Taif, The Taif Agreement stripped the president In its original version Article 53 stipulated against the president. a great deal of autonomy and freedom that elect them. Saudi Arabia and agreed on a modest of his constitutional powers and arguably that the president was to appoint under the protection of Sharia law, allowing restructuring of the confessional regime left him with only one effective tool of the ministers and nominate one from 3.1.1.5. Judicial branch Christians of various denominations and 3.1.3. The National Pact of 1943 to placate the warring factions and end governance – the authority to appoint the among them to be prime minister. The Constitution addresses the judicial other groups to survive the persecution In 1943 two political leaders, Bechara the fighting.12 members of the cabinet as agreed with Article 66 gave the prime minister, or branch in one single article. Article 20 to which they were subjected from al-Khouri, the Maronite Christian president, the prime minister. a minister acting on his behalf, the task stipulates that: time to time by the rulers of the Islamic and Riad al-Solh, the Sunni Muslim prime The Taif Agreement required, and the of delivering to the house of deputies state.10 The drafters of the Lebanese minister, verbally agreed to end the French house of deputies adopted, the following 3.1.5. The Doha Agreement the ministerial declaration upon which • Judicial power is exercised by the courts Constitution could not ignore this, given mandate. Their agreement became known amendments to the Constitution: A new version of the 1975 war started the cabinet sought a vote of confidence of all levels and jurisdictions within the that Lebanon had become a multi- as al-mithaq al-watani or the National Pact. when, on May 7th 2008, a cabinet meeting confirming its appointment. However, framework prescribed by law that shall denominational state, with Muslims losing • A provision stipulating that “any authority lacking Shia representation adopted the office of prime minister has evolved, provide the necessary guarantees to both their majority status for the first time. To The National Pact was, in essence, a that contradicts the pact of co-existence” two decrees considered hostile to the through customary practices, to acquire judges and litigants. ensure some level of equilibrium among political compromise between the would have no legitimacy. However, Shia organisation of Hizbullah that were a constitutional role that was not defined • The conditions and limits of judicial all the components of the new state, two major religious communities to there was no explanation as to what summarily rejected by the majority of the in the Constitution. Among the functions guarantees shall be determined by law. Article 95 of the Constitution stipulated obtain independence and continue to pact was being referred to or what Shia community. Within days fighters allied that the prime minister has assumed are Judges are independent in the exercise that: “As a temporary measure, and govern the state on the basis of the legal consequences would result from with Hizbullah took over the Sunni area the following: of their duties and their decisions and for the sake of justice and concord, the religious representation provided for contradicting this pact. (Preamble); of West Beirut and forced the cabinet

7 Law No. 150 of 1983. 11 The present electoral law in force is Law No. 25 of 2008. Available in English at: http://aceproject.org/ero-en/regions/mideast/LB/parliamentary-elections-law-no.-25/ 8 Article 19 of the Lebanese Constitution, as amended. at_download/file 9 Law No. 553 of 1996. 12 For an account of the 1975 conflict, see “Background Note: Lebanon”. U.S. Department of State. March 22nd 2010. Available at: www.state.gov/r/pa/ei/bgn/35833.htm. 10 For a legal and historical discussion of this subject, see “La Constitution libanaise: origines, textes et commentaires”, by Edmond Rabbath. Université Libanaise. 1982.

10 11 4. LEBANESE MEDIA LEGISLATION

to retract its decrees. This was enough This Law for Associations, which is often harassed and influenced by editors who for all the parties involved to rethink their referred to by its critics as “the Ottoman are affiliated to one or another religious/ An analysis of the administration of the Press Laws and Audio- positions, meet in Doha in May 2008, and Law” and dates back to August 3rd political group. agree to: 1909, applies to those associations that visual Law, particularly the licensing process, is crucial in order to are not covered by a separate law, i.e it 3.2.2. Freedom of expression • elect a consensus candidate to the post of does not apply to trade unions, co- The Constitution also stipulates freedom understand the regulatory framework for media in Lebanon. president that had become vacant several operatives and press unions which are of expression in speech and in writing. months earlier; separately regulated. Associations subject However, genuine implementation • form a national unity government in which to this law include clubs, NGOs, centres and monitoring of these practices in the opposition (Hizbullah and its allies) has and parties. According to Article 2, the accordance with international standards veto power over major decisions; setting up of an association does not are still lacking in Lebanon. • conduct a parliamentary election require prior licensing. What is needed according to an earlier law thought to for a new association, instead, is simply Significant current barriers to freedom reflect a more accurate representation of the “notification of government after its of expression include: the Christian religious communities. founding” (Article 6). Though the law clearly states that an association comes • The prohibitive cost of establishing a In reality the Doha Agreement was into existence the moment its founders newspaper or journal. This ensures it is an acknowledgement that no major agree on setting it up and signing its almost impossible for individuals who decisions of the Lebanese government internal regulations or bylaws, official are not backed by a powerful lobby to (or in fact no major decisions at the practice has contravened the provisions set up a new publication. This hinders political level) can be effective without of the law. The Ministry of the Interior, the free expression of a range of the consent of all major religious specifically, has consistently violated the opinions and views. communities, regardless of how large the terms of this law and the more general • The political practices of the media/ The study of the implementation of Lebanese media are formally organised Editors Syndicate (LPES), for editors majority supporting the government in constitutional guarantee of freedom continuous use of the media in the the Press Laws and of the Audio-visual under the 1962 Press Law and the 1994 and reporters. 13 the house of deputies may be. of expression and association, and has political power games compromise Law, particularly the licensing process, is Audio-visual Law, but many aspects of turned the process into a constraint that the independence of the sector. Such crucial for understanding the regulatory these laws are respected only on paper. The 1962 Press Law, which remains 3.2. THE PRINCIPLES GOVERNING amounts to “quasi prior licensing”. This practices also hinder the individual framework for the media in Lebanon. The 1962 law was officially enacted in force today, also requires that any THE MEDIA SECTOR IN THE has been done by refusing to issue a citizen’s access to information. Although the implementation of the in order to “protect the press from newspaper or periodical that wants to CONSTITUTION registration number to new associations • The censorship role played by the Sûreté 1994 Audio-visual Law constituted in random abusive interventions” and to publish news on political events must first Article 13 of the current Lebanese or simply by neglecting to respond to Générale (General Security Police) – the and of itself the first serious attempt to shield the state and its citizens from obtain a legislative decree granting it a Constitution contains the only provision the notification sent by a new NGO institution has extensive and apparently introduce the rule of law in the country biased campaigns in the press. As is Category 1 licence. This stipulation was 16 affecting the media and it provides that or association seeking official status. elastic powers. after the civil war, it led to the era’s first the case with other Arab states’ press made in response to the number of new “The freedom to express one’s opinion major crisis of political legitimacy. laws, the 1962 Press Law states vaguely “political” publications established during orally or in writing, the freedom of the Public servants are prohibited from 3.2.3. Access to information that “nothing may be published that the 1950s. press, the freedom of assembly and the setting up and belonging to trade unions Unlike Article 19 of the Universal 4.1. THE PRESS LAWS endangers national security… national freedom of association shall be guaranteed and federations and thus cannot enjoy Declaration of Human Rights, which The Lebanese print media have been unity… or that insults high-ranking The 1962 Press Law was then amended within the limits established by law.” freedom of association. Lebanon signed in 1972, Lebanese laws governed by a series of press laws, Lebanese officials… or a foreign head of by Legislative Decree 104/1977 and on freedom of expression and of the most of which promoted the state.” It is possible, reading between the then by a new set of modifications This article would seems to guarantee Moreover, although around 11% of press do not recognise the right to organisation of journalists and publishers. lines, to perceive behind these loaded incorporated in Law 330 of 1994. These the freedom of expression, the freedom the Lebanese population is Palestinian, “seek information”. This is attested by These post-independence laws and and ambiguous expressions a subtle modifications introduced new, more of the press and the freedom of assembly Palestinians are not allowed to form the absence of any piece of legislation regulations include: warning to reporters. formidable controls over the print media and association, which are fundamental any kind of civil society organisation guaranteeing access to information and that included the right to detain and rights for any mature media environment. or trade union. In addition, Lebanon by the difficulty Lebanese journalists 1. the Press Law of 1948, which regulated The law defines a journalist as being at impose fines on journalists and publishers However, implementation is another has still not ratified the International experience in obtaining information, the affairs of print media and organised least 21 years of age, having a bachelor’s for slandering the Lebanese president or matter, and in practice the Lebanese media Labour Organisation Convention even from those official sources, agencies the journalists into one union; degree and having been apprenticed for other heads of state or inciting sectarian 14 landscape is complex and contradictory. No.87 (Freedom of Association and and ministries with a responsibility to 2. the Press Law of 1952, which organised at least four years. Practising journalists strife, prior to their actual conviction of any Protection of the Right to Organise) inform the public about aspects of their journalists into two unions – one for do not require certification, although offence by a court. The Lebanese press 3.2.1. Freedom of peaceful assembly whose provisions could strengthen the basic activities. publishers and one for editors – and those with a degree in journalism objected to the changes, just as it had and association normative framework. set the stage for the granting of new must register with the trade union. objected to the prior restraint provisions Freedom of association is enshrined A draft law on access to information newspaper licences; Press cards, which must be renewed contained in Decree 104/1977. The in the , but its This problem has an impact on the media that was proposed in 2009 would allow 3. the Press Law of 1962, which clearly annually, are issued by the Ministry of government responded to the objections implementation remains a problem. sector as journalists are not allowed to citizens to request documents and data defined the profession and the practice Information. The 1962 law formally by eliminating both the pre-conviction For example, the law regarding labour practice unless they belong to the Union held by public bodies. It was debated in of journalism (this Law was amended by organises journalists into two syndicates: penalties and the provisions that would unions and youth organisations remains of Journalists. Without the protection of the parliament in October 2012 but is Legislative Decree 104/77 and then by the Lebanese Press Syndicate (LPS), have allowed the government to suspend 15 very restrictive. trade unions, journalists may be easily still awaiting approval. Law 330/94). for owners and the Lebanese Press a publication’s licence pending a court’s

13 An English translation of the Doha Agreement is available at: www.nowlebanon.com/NewsArchiveDetails.aspx?ID=44023. 14 “Ending the War? The Lebanese Broadcasting Act of 1994”, by Dima Dabbous-Sensenig. Unpublished doctoral dissertation. Sheffield Hallam University, UK. 15 “Insha’ wa Idarat al-Jam’iyyat al Khadi’a li Kanoon”, by Ghassan Moukheiber. Association for the Defense of Rights and Freedoms, Beirut. 2004 16 “Country Report: Lebanon”. SOLIDAR. Available at: www.solidar.org/IMG/pdf/lebanon_v23.10.13.pdf.

12 13 decision. The government also reduced the 4.3. THE LAW ON SATELLITE are operating in the country, servicing reviews, for approval before distribution, all as one where the Lebanese periodicals concerned the confessional character level of fines to be imposed on convicted BROADCASTING up to 780,000 of the country’s 800,000 imported CDs and DVDs. were “mortgaged”, “in debt to those who of shareholders in the same broadcast violators from 500 million to 200 million In contrast to the Press Law of 1962 subscribers, leaving the only two legal possess money and can afford to rent corporation. Shareholders had to be Lebanese pounds ($298,000–$118,000 (Article 1) and the Broadcast Law of cable operators with only 20,000 To date, both cable distribution and them”, and catering to “their subsidisers from different confessional and regional at the time of writing) and amended the 1994 (Article 3), which clearly state subscribers.18 The illegal companies the internet remain unregulated. Illegal and not for their readers”.22 backgrounds and to reflect the societal legislation so that criminal penalties applied that the press and broadcasting are are engaged in the unauthorised re- internet cafes, however, are all over the make-up of Lebanon. only to offences cited in the Penal Code. free but “restricted” by (other) existing transmission of broadcast programming country and internet users are estimated Terrestrial broadcasting shares with the laws, Law No. 531 of July 24th 1996 and charge their customers as little as at 300,000 (approximately 15% of the print media the common requirement The implementation of this “rule” was 4.2. THE AUDIO-VISUAL LAW makes no pretence of guaranteeing the $10 per month for these “pirate” pay- overall population), which is considered of Lebanese ownership. (Satellite quite dramatic for several applicants, In October 1994, the Lebanese freedom of satellite broadcasting. Rather, television services.19 This illicit industry comparatively high for the region.21 broadcasting is not subject to the same whose applications were rejected government, in an effort to gain control in its preamble Law 531/1996 states is “so popular that the revenue from restrictions.) The 1994 Broadcast Law, primarily for not having passed the over the plethora of unlicensed stations that Lebanese satellite broadcasters are illegal cable distribution is estimated to 4.5.2. Licensing requirements however, is even more restrictive than the “religious-pluralism-in-ownership test”. that had begun broadcasting during the “responsible for maintaining the good be between 60 and 70 million dollars a 4.5.2.1. Lebanese ownership Press Law on the matter, further requiring What is more, a study of the confessional civil war, enacted Law 382/94, known relations of their country with other year, and the government is faced with requirement for press and TV that any buying or selling of shares in a identity of the shareholders of successful as the 1994 Audio-visual Law. The law countries”, aimed at “showing a stable a dilemma with regard to regulating the The Press Law of 1962 (as amended by broadcast corporation in the future (i.e. applicants (i.e. LBC, MTV, FTV, and ended the state’s theoretical monopoly picture of the country from a political sector: on the one hand there is a strong Legislative Decree No. 104/1977) has after the initial granting of licences) be NBN) proves the extent to which the over electronic broadcasting and made and security perspective”, and need to regulate cable TV, but on the a series of requirements regarding the subject to prior approval by the Council NAC applied double standards when Lebanon the first country in the Middle at encouraging Lebanese immigrants other hand such regulation would deprive nationality of those permitted to set up of Ministers (Article 15). enforcing the religious-pluralism-in- East to establish a regulatory system “to have a stable and secure investment” thousands of families of their main source or run a political periodical in the country. ownership requirement. Since the NAC that allowed private radio and television in their country of origin. of income.”20 For instance, in the case of a single owner, 4.5.2.2. Religious pluralism in recommended granting all four stations broadcasting to be both produced and he or she must be a journalist and fulfil ownership requirement a licence, one must assume that not distributed within its borders. And, as In brief, this law, rather than expressly Cable piracy continues to be a thriving the requirements spelled out in Article The nationality of the shareholders more than 50% of the shareholders with the Press Law governing the print guaranteeing freedom of expression for business in the country, much to the 22 (see 4.1 above). More importantly, in private broadcasting was not a in each of these broadcast companies media, the 1994 Audio-visual Media Law satellite broadcasters transmitting from disappointment of local legal operators, foreigners are forbidden from owning controversial issue during the licensing belonged to the same political party or distinguished between Category 1 licences, Lebanon, imposes on them positive international cable TV networks and any share in the Lebanese press. period (1996). Another restriction “religious family” – to use the terminology which allowed for the broadcast of news content requirements that are meant to organisations working for the protection Only Lebanese nationals or Lebanese concerning the nature of ownership of the NAC as published in the Official and political programmes, and Category serve the image of the country, effectively of intellectual property rights. companies (where all shareholders was far more contentious, and was Gazette. This “50% limit”, it should be 2 licences for television stations that did entrusting them with a nationalistic, are Lebanese) are entitled to a licence used as a major reason for rejecting noted, was derived from the Muslim– not intend to broadcast news. Different propaganda mission. The transmission of content (whether (Articles 30 and 31). several applicants: the confession of Christian aggregate proportion of the licensing fees were set for each category. broadcasting or not) through the internet the shareholders. Indeed, one of the Lebanese population. 4.4. OTHER NON-REGULATED is not regulated. This requirement is in sync with some important criteria for acceptance The 1994 Audio-visual Law establishes MEDIA SECTORS other Lebanese commercial laws, such (or rejection) by the NAC during 4.5.2.3. Anti-concentration of a “licensing board” known as the 4.4.1. Cinema and theatre 4.5. MAIN PROVISIONS OF THE as Decree No. 11614/1969 of January the licensing process, which was not ownership requirement National Audio-visual Media Council, or In contrast to the constitutional and LEBANESE AUDIO-VISUAL LEGAL 4th 1969 (commonly known as the mentioned in the text of the law itself The 1994 Broadcast Law seeks to control AVMC. Its 10 members were politically other protections securing freedom of FRAMEWORK “law of ownership by foreigners”), or in the related Book of Specifications, concentration of ownership by forbidding selected along confessional lines, half the press and of terrestrial broadcasting, 4.5.1. Official permission for the which regulates property ownership by by parliament and half by the cabinet, cinema and theatre, along with leaflets, establishment of media outlets foreigners in Lebanon. but they were also recognised for were (and continue to be) excluded Official permission – whether by the their intellectual, literary, scientific and from such guarantees.17 According Council of Ministers, the minister of According to Dr Nabil Dajani, specific technical backgrounds and experience. to Legislative Decree No. 55/1967, information, or the General Directorate historical considerations accounted for Their mission, according to the 1994 Law, all leaflets that are not published in of the Sûreté Générale – is needed for this “fear” of foreign ownership and was to 1) review licence applications periodicals, regardless of their content, the creation of practically every mass for the resulting Lebanese ownership The 1994 Audio-visual Law ended submitted by the minister of information, require prior clearance by the General medium of expression. Thus, newspapers, restriction. Since Nasser’s coup d’etat in 2) verify that the applications met the Directorate of the Sûreté Générale. periodicals, terrestrial television and 1952, Lebanon had successfully replaced the state’s theoretical monopoly over requirements of the law and 3) advise A law regulating cinema, introduced radio stations, satellite channels and even Egypt as a haven for the Arab press, electronic broadcasting and made Lebanon the cabinet on whether it should approve onNovember 27th 1947, established leaflets cannot exist without prior licensing drawing the interest (and money) of Arab or reject the application. The cabinet was prior restraint or censorship concerning from official authorities. The only notable governments seeking an alternative outlet the first country in the Middle East to then to make the final decision. Actual the exhibition of both imported and exception, which has made Lebanon a for their views and policies. The Lebanese implementation of the Audio-visual Law locally made films. haven for publishers in the Arab world, press, with a very low circulation number establish a regulatory system that allowed took several years, but by 2002 Lebanon is the printing of books. Any audio-visual for dailies (barely exceeding 60,000 had reduced the number of private radio 4.4.2. Cable and internet material, whether locally produced during peak periods) could not sustain private radio and television broadcasting stations broadcasting news to 16 – four To date, cable distribution remains or imported, intended for private use itself through advertising revenues alone, on AM and 12 on FM – and the number unregulated. According to some (e.g. video tapes, audio-cassettes, CDs, and is thus “predisposed to accept to be both produced and of private television stations licensed for (outdated) estimates, up to 1,300 illegal DVDs) is in theory excluded from these financial assistance from outside sources” terrestrial broadcasting was down to six. satellite television distribution companies restrictions although the Sûreté Générale in exchange for editorial support. Indeed, distributed within its borders. many critics denounced the situation 17 “Kanoon al I’ilam, part III”, by A. Boutros. Feghali, Beirut. 1995. 18 “Pirate’s paradise: when stealing is the norm”, by Peter Speetjens. In Journal of Middle East Broadcasters, Issue 4, November–December 2005. 21 “Shabaket al-internet wa awlamat wasa’el al-I’lam wal-ittisal allubnanyya”, by Y. Gonzalez-Kikhano. In “Al-fadaa al-arabi”, edited by Franck Mermier and translated by Frederick 19 “2006 Report: Lebanon”. International Intellectual Property Alliance. Available at: www.iipa.com/2bc/2006/2006SPEC301LEBANON.pdf. Maatuk. Kadmus Publishers, Damascus. 2003. 20 Speetjens, op. cit. 22 “As-Sahafa al-lubnaniyyah fil madi wa fil mustakbal”, by I. Salameh. Ath-thakafa al-arabyyah, Beirut. 1967.

14 15 any person or entity from owning, directly TV (or FTV) were either top managers at In sum, not only is the 1994 Broadcast made licence holders reluctant to stop free access to the publication in so far as not the rule in the history of the young or indirectly, more than 10% of the total the station (e.g. FTV’s executive manager Law apparently blind to cross-ownership publishing dailies or periodicals for which they can have their reply published on the republic, the press and audio-visual shares in a single broadcasting station. The Ali Jaber), publicly known to be personal involving several media streams, it also they have a licence. Indeed, some licensed same page in the same font size as the media are subject to (post-publication) husband or wife, their parents and their advisors to former Prime Minister Hariri, includes no concept of market share newspapers are issued once or twice a original. It is worth noting that the same censorship by a variety of official bodies. under-age children are all considered to or Hariri’s lawyers. At Murr TV (or MTV) with which to put the concentration year for the sole purpose of keeping the law distinguishes between an individual’s These include the General Directorate be the equivalent of one person (Article roughly 70% of all MTV shareholders of ownership into perspective. In other licence active, “in the hope that they will and a minister’s right of reply. An individual of the Sûreté Générale, the minister of 13). In other words, no fewer than 10 (totalling 43) were “small time” employees, words, it is possible, theoretically, for a sell or rent their licence to an aspiring has the right to “reply” (Article 6 of information, the public prosecutor, and different shareholders are required to own 22 of them in their twenties at the time single corporation with a licence for leader or political group”.24 Legislative Decree No. 104/1977) whereas the Council of Ministers. The role of a broadcasting corporation. This provision the application was submitted.23 In the one radio and one television station the minister of information who wishes the authority officially responsible for is a clear departure from its counterpart case of FTV, Hariri did not own a single to be overwhelmingly dominant in 4.5.2.6. Cost of licensing to counter “untruthful” or “incorrect” censorship depends on the medium and in the Press Law, where a person (a share. However, if one were to count terms of national audience share (up According to the Press Law of 1962, information in the public interest can is clarified by Law 330 of 1994, amending journalist, specifically), can own, individually, the shares of his wife, sister, and brother to 100% of market share) and to own the only financial requirement from ask the managing editor to publish a the Legislative Decree No. 104/1977.26 a newspaper (Article 31), and from Law (an aggregate of 26%), in addition to the as many national newspapers and licence applicants is a minimum start- “correction” or “refutation”. The law also No. 531/1996 for satellite broadcasting, shares of his employees or advisors, we cable operations as it wishes, again up capital of 500,000 Lebanese pounds discriminates with regard to the type 4.6.1. Government directives on which has no restrictions regarding the get a total of 56% of all shares. regardless of market share. Worse still, in addition to a financial guarantee to of sanctions faced by a media outlet inappropriate content number of owners/shareholders. this possibility paves the way, legally, for a cover various indemnities and retirement which refuses to publish the “reply” or Print and broadcast media laws contain As a result of the various types of single corporation to own all newspapers funds to be determined by the Ministry “correction”: the penalty, as is also the several directives concerning content, The 1994 Broadcast Law seeks to prevent “circumvention” practised during the and cable operators in the country of Information after consultation with case with libel, is significantly higher when most of which overlap. Similarly, many the broadcasting media from being implementation process, each of the four and to control all broadcasting through the Press Union (Article 33). In the case a public servant or government official content-related articles of the Penal controlled by a handful of players and to licensed television stations ended up ownership of one radio and television of starting a new political periodical, is involved. Code apply to all “means of publication” ensure pluralism in ownership within a being associated (directly or indirectly) corporation, and to emerge and establish however, the major financial hurdle (Article 209), so much so that all “press single broadcasting corporation. Although with a single family that was also part of itself as a single media monopoly in the affecting freedom of expression, is the 4.6. CENSORSHIP crimes” (this is the official legal term the law requires at least 10 shareholders the confessional/political elite. The NAC country. Moreover, knowing that this need to acquire two existing titles – The Lebanese Constitution, in principle, used to refer to infringements of content for each broadcasting station, it has did not seem to find such an outcome corporation can be exclusively owned these sell for up to $800,000 for a daily – offers the best guarantee against prior restrictions in the print media) also apply no provisions concerning confessional problematic – in strong contrast with by one parent and his/her adult children in order to open up a new periodical.25 (or pre-publication) censorship (Article to the broadcast media, according to the pluralism among shareholders; this is its rigorous application of the religious and siblings, one family could theoretically 13), but prior censorship of the press Broadcast Law of 1994 (Article 35). particularly significant considering that the pluralism ownership requirement. and legally dominate the entire radio/ In the case of private terrestrial has been introduced on more than one convention since the emergence of the television/newspaper/cable media broadcasting, financial requirements occasion when the country was going Content restrictions apply across all Lebanese Republic after Second World 4.5.2.4. Restrictions on cross- market in Lebanon. include not only the cost of the licence through acute political or security crises. broadcast and print media regarding War has been to include representatives media ownership itself ($167,000 for television), but there insults, libel, blackmail, threats to the from the existing confessions in all public The 1994 Broadcast Law deals with 4.5.2.5. Forced reduction of is also an annual “rent” fee ($67,000). In one such instance, on January 1st national security of the country and its administrations and elected bodies. cross-media ownership in Article 12, publishing licences Although many licensees consider the 1977, the government speedily issued a relationship with other countries, and where it states that once a corporation Perhaps the most stringent and legally annual fee to be a heavy burden that legislative decree (No. 104/1977) allowing incitement to confessional and racial strife However, as discussed at 4.5.2.2. above, has been set up, this corporation is dubious licensing requirement is the affects the survival of mostly small the exercise of prior censorship, whereby: (Articles 16, 17, 23 and 24 of Legislative the NAC re-introduced confessionalism prohibited from owning “more than one provision laid out in Legislative Decree stations in a limited market like Lebanon, Decree No. 104/1977 as amended by into ownership through its “interpretation” television station and one radio station”. No. 74 of April 13th 1953 regulating the NAC-imposed financial requirement • all periodicals without exception were Law 330/1994). The Press Law also of a content requirement (Article 7): the In other words, a corporation is allowed the licensing of political periodical established during the 1996 licensing subject to prior censorship; criminalises “untruthful news” and the NAC managed conveniently to disqualify to own a maximum of two broadcast publications. According to this decree, process is more problematic. • the General Directorate of the Sûreté incitement to crime (Articles 2 and 24 several (but not all) applicants who were companies simultaneously. no new licence is to be given to a new Générale enforced Decree No. 1/1977, of Legislative Decree No.104/1977). in infringement of this “interpretation” political publication as long as Lebanon 4.5.3. Right of reply by being given the authority to censor As far as the Penal Code is concerned, which, though it had no written basis Cross-ownership controls in the 1994 has more than 25 dailies and 20 weeklies The Press Law of 1962, whose content partially or entirely material going Articles 473 and 474 penalise whoever in law, was in tune with the country’s Broadcast Law can be seen as an (or other periodicals). However, the requirements equally apply to the print into print; “blasphemes the name of God” and “confessional” culture. improvement when compared to the decree allows a publisher who holds and broadcast media, grants the public the • a periodical issued in contravention ridicules religious practices, while Articles Press Law, where there are no such two licences for a political periodical “right of reply” (Articles 4–11 of Legislative of the General Directorate’s orders may 531 and 533 refer to punishments meted The implementation the 1994 Broadcast restrictions, but the 1994 law seems to to obtain a new licence, provided that Decree No. 104/1977). As Boutros have all its issues confiscated, following out against those who “infringe on public Law proved the extent to which the be concerned only with cross-ownership he/she stops publishing the two titles notes, this “right of reply” is in itself the a decision of the director general of the morals” and publish “indecent” material. purpose of Article 13 was entirely defeated. in the case of radio and television already licensed. In other words, if anyone embodiment of a tension between two Sûreté Générale. Finally, the Penal Code (Article 297) In the case of licensed television stations, (cross-ownership with other national wants to start a newspaper, one has parties: the interest of the owner of the covers restrictions concerning threats as with print media (see 4.5.2.1. above), media such as cable and newspapers is to acquire or hold the licences for two media outlet and his/her absolute control Decree No. 104/1977 also contained to public trust in the “authority of the “indirect ownership” was a major way not mentioned). More importantly, the existing newspapers and then cease their over his/her outlet on the one hand and provisions related to fines and prison country” or in its financial situation by of circumventing the concentration of Broadcast Law’s approach to limiting publication indefinitely in order to publish the target of the “allegations” and his/ sentences of up to three years. It was spreading “false or exaggerated news” ownership in one station without the NAC cross-ownership is extremely simplistic, the new title. her right to have access to the media in repealed a decade later, by Law No. 14 as these are not mentioned in the having to play a role in interpreting “indirect particularly when compared to the more order to get a fair chance to respond of February 25th 1986. Press Law. ownership” and diligently applying Article comprehensive rules based on market One of the main negative consequences on the other (Boutros 1991, part I, 128). 13 when considering licence applications. share that exist in European or North of this decree is that it artificially inflates The Lebanese Press Law thus allows the While pre-publication censorship of The Press Law and the Penal Code For instance, several shareholders in Future American legislatures. the value of existing licences and has individual who wishes to respond to have the press has been the exception and also list all the topics that the media

23 “Ending the War? The Lebanese Broadcasting Act of 1994”, by Dima Dabbous-Sensenig, op. cit. 24 “Disoriented Media in a Fragmented Society: The Lebanese Experience”, by Nabil Dajani. American University of Beirut, Beirut. See also the “Elections Reports” produced by the Lebanese Association for Democratic Elections. Available at: www.lade.org.lb/Publications/Elections-Reports.aspx#.VLaEb3uMda4. 25 “Walking a Tightrope: News Media & Freedom of Expression in the Arab Middle East”, by Layla Al-Zubaidi. Heinrich Boll Foundation. 2004. 26 See Appendix 1. 16 17 are categorically prohibited from not homosexual intercourse (which (or even pro-Jewish) stance. The Sûreté expressions or drawings that are injurious, and of public religious practices and 4.7.4. When truth is a defence covering. These include ongoing criminal is condemned in the Penal Code) – is Générale also monitors foreign films and without referring to specific facts (about rituals (Articles 474 of the Penal Code). in libel cases investigations, secret court hearings, court involved. In such cases, censorship is television programmes (either shown in the person being insulted); In general, malicious intent or “actual The two key defences against libel cases related to divorce and custody, and mostly “cultural” and is the most obvious or broadcast in or from Lebanon) for • tahkeer refers to any injurious or malice” is a pre-requisite for establishing charges in Western democracies are all closed ministerial and parliamentary expression of homophobic sentiments material related to religion. insulting words or gestures. the crime of defamation, although malice “truth” and (to a lesser extent) “the sessions (Article 12 of Legislative Decree within Lebanese society in general, is often presumed by the mere fact that public interest”. In the case of Lebanon, No. 104/1977). including within the police force and 4.6.3. Self-censorship Given the vagueness of these definitions, the defendant has made the injurious the public interest justification is non- the judiciary. The implementation of censorship laws the courts have played a significant role and defamatory statements. However, existent, except in the case of lower- All of these content restrictions, with the and directives on content is mostly in determining cases where defamation it is possible for defendants to prove echelon public servants, while the truth notable exception of libel, which is defined 4.6.2. Censorship of international dependent on the prevailing political has occurred. There have been instances in court that “special circumstances” defence applies selectively, depending by law, are worded in vague terms and are media climate. As a consequence, not only where statements made about certain justified the (defamatory) statements on who is being defamed. When private therefore open to abuse by the authorities Article 50 of the 1962 Press Law do journalists generally practise self- individuals, and attributing facts that hurt they made. individuals and heads of state are libelled, attempting to use the law to justify the regulates the content and licensing terms censorship in order to avoid problems their reputation, were found defamatory defendants “are not allowed to prove muzzling of journalists. Indeed, one of of international publications. The minister with the law, but the Lebanese press even when these statements were cast Lebanese defamation laws significantly the truthful nature of their allegations” the most commonly voiced complaints of information can decide to stop the corps has helped institutionalise this by in doubtful terms. Similarly, the courts constrain freedom of expression in and thereby acquit themselves in a court is that the government’s policy is, at best, entry into the country of any publication introducing an arguably over-zealous code have great powers in determining the country and have earned Lebanon of law (Articles 583 and 292 of the inconsistent: “although certain items whose content “threatens public safety”, of ethics on more than one occasion whether or not a specific word is very low scores in this respect when Penal Code). By contrast, Article 387 are banned, many that are supposedly “hurts national feeling”, “disrespects public since the mid-twentieth century. an insult. compared with other countries.33 of the Penal Code allows the acquittal permitted are often given a red light by manners” or “incites confessional strife”. Two specific aspects of the Lebanese of the defendant on the basis of truth the SG [Sûreté Générale]”.27 Any infringement of the ministerial ban is In such a precarious legal landscape, According to the Penal Code, defamation laws demonstrate the extent if the libelled party is a public servant. punishable with a prison sentence, a fine it is unsurprising that many media defamation becomes a crime and to which such laws in Lebanon restrict Court interpretations have extended Content directives are also often applied or both. According to the same article, professionals resort to self-censorship in is more severely punishable when the ability of both the general public this article to members of parliament as selectively. Many discriminatory media any publication originally printed outside order to reduce the risk of unpredictable “publicised” or made public, whether and the media to criticise and scrutinise well.35 According to Boutros, the fact that portrayals are neither censored nor Lebanon cannot then be printed in the retribution by the authorities,31 through the act of publication and/ the government – a right that should be Article 387 allows truth as defence in prosecuted, and often generate little or country without a licence respecting particularly on sensitive issues such as or broadcasting or simply by occurring taken for granted in a democracy: first, libel cases involving public servants serves no public discussion or public outrage. This the terms of the 1962 Press Law and those relating to gay men and lesbians. in public (Article 209). When not the deferential treatment of individual the public interest.36 It makes it possible is particularly significant considering that Legislative Decree No. 74/1953. However, publicised, defamation (especially kadh citizens protected by these laws (see for journalists to scrutinise (some) the Broadcast Law of 1994, for instance, the more recent Law No. 152/1999 4.7. LAWS ON DEFAMATION and tham) is not considered a criminal 4.7.3. below) and second, media public servants and to expose crimes clearly requires broadcasters to “respect allows international non-Arabic language 4.7.1. Types of defamation act; it attracts no prison sentence, only defences against defamation charges committed by them while in the line of human dignity and the freedoms and periodicals that are in circulation outside Defamation in general is defined in the a fine (Articles 582 and 584 of the (see 4.7.4. below). duty. However, the highest public servant rights of others” (Article 7, paragraph Lebanon to be printed in the country. The Lebanese Penal Code and not in the Penal Code). in the country (i.e. the president of the 2). This mostly occurs licence to print in Lebanon is granted by Press Law of 1962 or the Broadcast 4.7.3. “The law of the kings and republic), who wields the greatest power when some ethnic or religious groups, decree, after consultation with the union Law of 1994. Of the three recognisable 4.7.2. Entities protected by heads of state” and therefore has the greatest potential usually weak or minority “others”, are of press owners. In order to obtain this forms of defamation, two are defined in defamation laws The Lebanese Penal Code punishes to abuse his position, remains largely portrayed, such as Jehovah’s Witnesses licence the international publication has the Penal Code (tham and kadeh), while Both the Penal Code and the Press those who are found guilty of defamation untouchable because of the nature of the or other non-recognised minority sects, to be legal in its country of origin and to the meaning of the third one (tahkeer) is Law of 1962 (whose provisions on crimes with fines and prison sentences Lebanese media laws. but mostly the South Asian or African have a representative office in Lebanon. If derived from the definition found in the defamation also apply to broadcasting) that are highest (up to two years female guest workers28 and female Russian the publisher wishes to distribute copies repealed Press Law of 1948.32 list the categories and groups of people imprisonment) when the reputation of 4.7.5. Implementation of dancers in Lebanon.29 In such cases, even in Lebanon, the international publication protected by the defamation laws: in the Lebanese president or of the heads defamation laws blatantly racist portrayals fail to attract is then subjected to the provisions of the The Penal Code distinguishes between addition to private individuals, we find of other states are harmed (Articles 383 Given the high level of legal protection the attention of the censor or the general Press Law of 1962. these three crimes of defamation, tahkeer, the president of the republic, the flag to 389 in the Penal Code, 17 to 23 in afforded to the Lebanese president public and civil society.30 By contrast, when kadeh, and tham (Articles 383 and 385) or any other national symbol, judges, all the Press Law). The informal title “the law against defamation, there has been no the “other” is a member of a powerful As far as other imported international as follows: employees (including security officers) in of the kings and heads of state” given to dearth of lawsuits against the media in and friendly country, even the slightest, media are concerned, a broad range the public sector, and the army. Lebanese libel provisions related to presidents and Lebanon, and especially the print media, legitimately critical portrayal can be of products are checked before their • tham (or libel) is the attribution of a fact laws also protect foreign countries from other world leaders dates back to the which have often been accused of easily censored. local release by the Sûreté Générale to a person (factual allegation), resulting public defamation, their armies, their early 1960s. At the time, Arab heads of defaming the president by casting him in (newspapers, books, CDs, DVDs, films, in injury to his or her honour and dignity, flags or national symbols, in addition to state who resented being criticised in the a negative light. Censorship sometimes takes place even videos and magazines). The Sûreté even if only in the course of casting their presidents, ministers and political Lebanese press consistently pressured when no legal texts exist to justify it. Générale is charged with ensuring that doubt about or questioning the character representatives in Lebanon (Article 292 the Lebanese president to introduce The Lebanese military has also often used This is, for instance, the case when the no imported material infringes on public of this person; of the Penal Code). Equally prohibited amendments to the Press Law in order the legal protection provided to the army representation of homosexual identity morals, discusses religion or controversial • kadeh is any verbal insult or utterance is the insulting (tahkeer) or incitement to shield them from criticism. Eventually, by libel laws in order to stifle freedom (which is not illegal in Lebanon) – and political issues or presents a pro-Israeli showing contempt, as well as any to contempt of “any of the officially an amendment to the Press Law was of expression and to ward off criticism. accepted confessions” (or religious introduced in 1965 by a special decree by In a recent case it charged Muhammad 34 27 “For their eyes only”, by M. Naaman and N. Tohme. Executive Magazine. March 2001. See also “Kawaneen al I’lam al matbou’ wal mar’i wal masmou’ filoubnan”, by A. Nashef sects) (Article 25 of the Press Law) President Helou. Mugraby, a lawyer and human rights and F. Kerbage. Mokhtarat, Beirut. 2000. 28 “Migrant Women Domestic Workers in Lebanon”. International Labour Organization. Available at: www.ilo.org/public/english/region/arpro/beirut/infoservices/report/index. 33 “Freedom of the Press 2003: A Global Survey of Media Independence”. Freedom House. Available at: https://freedomhouse.org/sites/default/files/FOTP%202003%20 htm. Full%20Report.pdf. 29 “State of human rights in Lebanon”. Foundation for Human and Humanitarian Rights. Available at: www.clhrf.com/humanrights/human.rights.in.lebanon.2002htm. 34 See “Disoriented Media in a Fragmented Society: The Lebanese Experience”, by Nabil Dajani, op. cit. 30 “The Power of Advertising: the Middle East”, by Dima Dabbous-Sensenig. In Media and Gender Monitor, Issue No. 8, 2001. 35 Boutros, op. cit. 31 “State of human rights in Lebanon”, op. cit. 36 ibid. 32 Boutros, op. cit.

18 19 All audio-visual media, including private media, are required to respect freedom of expression, so that: ‘fairness, balance and impartiality among candidates and lists would be guaranteed’ (New Law, Article 68). This seems to set a similar standard for private media as Article 67 sets for public media, with the only discernible difference being that private media should distinguish factual reporting from opinion and comment (Article 68 paragraph 3). Presumably this means that they can express opinions that are not necessarily ‘impartial’.

advocate, with the crime of “defaming the cancellation of the prison sentence for carrying out their duty or mission to A licensed publication can be suspended Law) (Article 35). For a first offence Broadcast Law gives the minister of military establishment and its officers”. some press crimes. Since the introduction serve the truth”.37 To compensate for the temporarily because of other content- the minister of information can close information the prerogative to ensure The prosecution of Mugraby followed of the 1994 amendments to Legislative removal of the prison sentence, in some related infringements. For libelling a head the station for a maximum of three that content requirements are being testimony he had previously given at the Decree No. 104/1977, journalists and cases fines were increased, this with the of state, a first-time infringement leads to days. For a second offence committed observed (Article 35). For a first European Parliament about human rights editors have been protected from prison approval of the journalism lobby. prison terms for the editor (a maximum within a year of the first, the Council of infringement of disrespecting content abuses (insults and ) committed sentences when infringing some of the of two years) and fines, whereas a second Ministers can close down the station requirements the minister of information by the military against his clients. content restrictions specified in the Press 4.7.5.2. Reasons for closing infringement leads to a doubling of the for a minimum of three days and a can prevent a station from broadcasting Law. These are: spreading false news media outlets fines and another prison sentence, and to maximum of one month (the NAC has for a maximum of three days. A second 4.7.5.1. Reasons for arresting (about persons and legal entities) that The Press Law of 1962, before its 1994 the suspension of the publication for two only consultative powers in this respect). infringement can lead to closure for journalists and the legality does not threaten public security (Article amendment (Law 330/1994), contained months (Article 23 of Legislative Decree Article 35 makes it possible, however, up to one month. In both cases, the of implementation 3 paragraph 3 of Legislative Decree several provisions related to fines, prison No. 104/1977 as amended by Law No. to contest the decision in a specialised ministerial decision can be contested The current Lebanese Press Law is a No. 104/1977), refusing to publish a sentences and withdrawal of licences 330/1994). In addition, a publication court of law. with the relevant courts. significant improvement in many respects correction by the minister of information or the temporary closure of periodicals is threatened with a suspension or when compared to previous amendments (ibid., Article 11) or publishing content found to be in infringement of the closure for six months, fines and a prison The Broadcast Law of 1994, by making a It is worth noting that the NAC is given (i.e. Legislative Decree No. 104/1977), from secret hearings and parliamentary law. Most of these harsh punishments, sentence of a maximum of six years if member of the executive (i.e. the minister only a “consultative” function in this especially with regard to penalising and sessions (ibid., Article 12). Journalists especially the withdrawal of a licence, it is repeatedly found guilty of “inciting of information), and not the courts, the respect, and has none of the monitoring arresting journalists. The single most can still be imprisoned in cases of libel, were eventually removed, while prison confessional strife and threatening sole authority responsible for temporarily and enforcement powers of the significant amendment enhancing blackmail, threatening public safety sentences were reduced in the 1994 the safety of the state” (Article 25 of shutting down stations in infringement of independent regulatory authorities freedom of expression concerns the by spreading false news, and inciting amendment. Currently, a periodical with a Legislative Decree No. 104/1977 as the law (for administrative or content- in several Western democracies. total abrogation of the “preventive confessional and racial hatred (ibid., licence to publish exclusively non-political amended by Law No. 330/1994). related reasons specified in this law), detention” of editors and journalists Articles 16, 20–23 and 25 respectively). material can have its licence revoked if it opened the door to potential abuse of The only case in post-civil war Lebanon accused of infringing regulations dealing However, the reduction of instances repeatedly, within the same year, publishes Similarly, the Broadcast Law of 1994 power. There is a clear conflict of interest in which a licensed television station with content-related crimes (Article 28 where prison sentences can be imposed political news, studies or cartoons specifies the penalties – mostly closure – when the target of media criticism (Murr TV or MTV) was permanently shut of Legislative Decree No. 104/1977 should still be considered an important (Article 13 of Legislative Decree No. incurred by a licensed broadcaster in (the government) is also the arbiter. down was the result, not of implementing as amended by Law No. 330/1994). step forward, as the result of a long 104/1977). In this case, the owner of infringement of any of the content- or the 1994 Broadcast Law, the Press Law struggle by journalists and editors who the publication duly shut down cannot licence-related provisions of Legislative 4.7.5.3. Implementation of or the Penal Code; instead, the closure A second less comprehensive, yet still regarded such a penalty as “an attack re-apply unless three full years have Decree No. 104/1977 and related laws closure laws of MTV was based on a single article in significant, improvement concerns the on their dignity, and an impediment to elapsed since the licence was revoked. (namely the Penal Code and the Press In contrast to the Press Law, the 1994 Election Law No. 171 of 6/1/2000.

37 Boutros, op. cit. Page 18.

20 21 Finally, whereas Law No. 531/1996 clearly agreement left open the possibility of (in particular in the south of the country). the application by a specific candidate because any comment on political ensure balance in media access (…) states that interruption of satellite services changing the borders of “governorates” It is possible to respect all three criteria or the date from which applications platforms could be considered as partial. among competing lists and candidates is the prerogative of the Council of and increasing their number. of Article 24, but not if Christian political are generally open. Given that one can In other countries the public media are by binding media companies to host all Ministers, it was the prime minister who, on players insist that most “Christian apply for candidacy immediately after only required to provide overall balance competitors – list representatives or January 1st 2006, made a personal decision The Taif Agreement also introduced the seats” are elected by majority Christian elections are called, the provision that and fairness in their coverage of election individual candidates – under the same to interrupt the satellite feed of the concept of “effective representation”’ electorates. Such a demand, accepted the media should submit their intention campaigns. Such a standard allows the conditions in terms of timing, duration channel NTV and its “problematic” would- but this concept is not mentioned in by the New Law, violates Article 24 of to run electoral ads 10 days before the airing of critical or positive opinions, and programme types.” This represents be-show about reform in Saudi Arabia. the Constitution. On the one hand, the the Constitution by creating inequalities campaign would require outlets to act since it only requires overall balance a significant degree of control over all The interruption took place even before vague expression of these fundamental in the value of the vote: a seat in a before elections are called, which is of in reporting. audio-visual media, including private the Council of Ministers could convene concepts requires legal clarification yet, redrawn Christian district is elected by course impossible. Either the law should media. The Supervisory Commission as scheduled on January 9th to agree on left as they are, they provide significant fewer voters than one in a Muslim area, be clarified or a government decree All audio-visual media, including private should consult all audio-visual media such a decision, as mandated by Law No. space for important political bargaining. making a Muslim vote worth less than a needs to fix the date when the campaign media, are required to respect freedom before determining its guidelines. 531/1996 (Daily Star, January 4th 2006). Also open to debate is whether the Christian vote. begins (Article 115). of expression, so that: “fairness, balance Doha Agreement of May 2008 overruled and impartiality among candidates and Article 75 states that the Supervisory 4.7.6. Laws for the media in aspects of the Taif Agreement. 4.8.2. Media/campaign The media is now also required to sell lists would be guaranteed” (Article 68). Commission can decide whether the Arabic language and in The Lebanese media landscape is as political advertising space to all candidates This seems to set a similar standard candidates’ access to foreign satellite non-Arabic languages The main changes now being made to characterised by confessionalism as are and at the same price. Electoral ads for private media as Article 67 sets for media should be part of the “advertising Lebanese media laws address the issue of the election law relate to the electoral the political institutions. must be marked as such and indicate the public media, with the only discernible and media spaces allocated by the language in some of their provisions. The system used, often reflecting attempts advertising party. Requests for advertising difference being that private media commission to each list or candidate”. Press Law of 1962, indirectly, makes it to ensure certain electoral outcomes. By convention the head of the Journalists’ and the relevant material (videotape or should distinguish factual reporting This is important, given the influence of possible to issue publications in Lebanon The 1960 election law based electoral Union is a Christian, while the head print ad) should be submitted not only from opinion and comment (Article 68 Al Jazeera, for example. However, this in languages other than Arabic as long as districts on qadas – a small administrative of the Publishers’ Union is a Muslim. to the media company but also to the paragraph 3). Presumably this means that provision raises a number of questions: the managing editor is “proficient in the unit – while the 2000 law (the “New Confessionalism and the power of Supervisory Commission at least three they can express opinions that are not the law gives no authority to the language of the publication” (Article 23, Law”) established larger districts without political families also determined who days before the desired publication. No necessarily “impartial”. commission to “allocate” advertising paragraph 5). Article 50 of the Press Law, any clear and consistent criteria being, in gained licences for private TV stations candidate should spend more than 50% space. The article could therefore only which largely addresses issues of content spite of a 1996 Constitutional Council under the 1994 Audio-visual Law. of their advertising budget with any single Article 68 paragraph 4 obliges the mean that the commission may decide control over “foreign publications” decision (4/96) ruling that a single media company. This is an important media to refrain from libel, slander, that foreign channels have the same entering the country, is silent on the issue uniform criterion should be used in the The New Law contains detailed provision, given that many candidates defamation and from broadcasting obligations as Lebanese media regarding of language. delimitation of election districts. provisions on media conduct during tend to be closely linked to certain “anything that might trigger religious, paid advertising. This would be difficult elections. This is positive, given that the media outlets. confessional or ethnic sensitivities to enforce, although the commission As far as the 1994 Broadcast Law 4.8.1. Electoral system earlier law contained only one article or acts of violence”, as well as from could try to negotiate such obligations is concerned, its related Book of The composition of the chamber, on the issue, which was violated by The new advertising provisions are “distorting, screening, falsifying, omitting, with foreign channels. It is also unclear Specifications makes it mandatory to as provided by Article 24 of the almost all the media. Prior to 2000, 56 a novelty in Lebanese elections and or misrepresenting information”. what the article means by allocation of broadcast at least 30 minutes of news in Constitution, is based on the following analysts had raised concerns about the would constitute significant progress if “media spaces to each list”. Is each list to the Arabic language. In effect this means principles: strong bias of much of the private media: they were to be implemented. Some This paragraph raises a number of be given a maximum amount of media it is possible to broadcast almost entirely “In general, the TV channel owners provisions may be too restrictive – for concerns: it is unclear whether it also space during the campaign? However, in another language, as long as the daily • equal representation for Christians were clearly promoting one candidate or example, obliging candidates to submit applies to public media (Article 68 Article 68, paragraph 5 says that media minimum requirement of news in Arabic and Muslims; party over another and did not provide any ad three days before publication to appears to be aimed at private media, companies should be bound by the is met (Decree No. 7997/1996, Chapter • proportional representation among all of the candidates with equal access the Supervisory Commission. This might but paragraph 4 is not clear on this). commission to host all competitors 3, paragraph 7) (see also 4.5.2.1 and the confessional groups within each or fair coverage.”38 prevent advertising reacting quickly to The obligations are sweeping and vague. under the same conditions in terms of 4.5.2.2. above and 7.2.1. below). religious community; developments. It should be sufficient For example, “omitting” information timing, duration and programme types. • proportional representation among The New Law introduces regulation for a copy of any advertising request is arguably unavoidable for journalists Thus the commission is tasked with 4.8. LEBANESE ELECTORAL LAW geographic regions. for paid media advertising by obliging to be shared with the commission whose task it is to make editorial predetermining the degree of access of According to the Taif Agreement a all media companies intending to sell without a specific deadline, particularly choices on what to report and what competitors in each media outlet. second chamber should be introduced “Equal representation for Christians and electoral advertising to report to the since the New Law does not task the not. While the objective of preventing allowing for a non-confessional lower Muslims” is understood to mean that Supervisory Commission with specifics commission with reviewing ads before confessional violence is laudable, the All the provisions discussed are house of parliament and an upper house, each should have the same number of of the advertising space or time they they are published. notion of “triggering ethnic sensitivities” prescriptive and give significant authority or senate, to represent confessional MPs. The current distribution of the seats, will sell, and their price list. These is unclear and could be applied to to the Supervisory Commission. Yet many communities. The senate would only have when compared to the official figures of submissions must be made “ten days The New Law regulates election anything said on confessional issues. of these provisions are vague or unclear; competence in matters of major national registered voters, privileges the principles before the beginning of the electoral coverage as well as advertising, requiring Furthermore, it obliges media to screen they risk deterring vigorous reporting interest. This reform was integrated into that apply to religious/confessional groups campaign” (Article 66), although this public media to remain impartial. They paid advertisements provided by political and may prove too ambitious to be the Constitution (Article 22) but never over geographic regions. highlights the current law’s failure to may not “carry out any activity that might groups before broadcasting, leaving enforceable. The commission will have implemented. The Taif Agreement also define the beginning of the campaign be considered to favour any candidate or considerable scope for controversy. to clarify many issues left unclear by stipulates that the electoral districts Regions are not proportionally period, only mentioning the “starting list at the expense of another candidate the law. The chapter on media conduct should be “governorates” (muhafazat), represented: areas with concentrations date of application for candidacy”(Article or list” (Article 67). These provisions Article 68, paragraph 5 indicates that should also be reviewed and reformed although many consider that the of Muslim voters are under-represented 65). Even this is vague; it could refer to could stifle the work of the public media, the Supervisory Commission “shall after the next elections.

38 Assaf, S., Comparative Report on the State of the Media in Egypt, Jordan, Lebanon and Morocco, Arab Center for the Development of Rule of Law and Integrity & IFES, May 2007.

22 23 Candidates or lists can file complaints favourable to women’s representation conflicts of interest by prohibiting them In order to avoid future criticisms, later with the Supervisory Commission. The because the larger the district, the from being members of elected bodies amendments to the 1994 Broadcast Law commission must decide within 24 hours greater the possibility of a woman who or civil servants in public administration, included the need to have “objective whether or not to raise the case with is part of a bloc or list winning a seat. or from conducting any activity “in criteria” applied when appointing the Court of Publications. Where it finds The new electoral system, therefore, contradiction with their function within members of the national council in order a breach of the electoral law on media with its greater number of small districts the council”. The same article specifies to avoid the mistakes that surfaced during conduct, the commission can issue a (2–10 seats) militates against the election that these members are to be chosen the implementation of this law in 1996 warning to the media outlet, oblige it to of women to parliament. In addition, among “Lebanese intellectuals, artists, (As-Safir, March 5th 1998). publish an apology or require it to give the cross-confessional set-up of most scientists, and professionals”. This very an official response to the allegation. The lists makes it even more difficult for loose description of the qualifications Leaving aside the problem of the commission can also take the case to women to be elected because political of the NAC members is justified appointment and independence of the the Court of Publications, which has the leaders may consider it advantageous to because it makes it easier to select a NAC members, although the Lebanese power to fine the media outlet, partially present men in cases where a particular council “consisting of a wide selection NAC was supposed to emulate the suspend it for up to three days or, in confession only has one or two seats. of individuals who have the needed French CSA, with members of both case of recurrent violation, completely qualifications” for such a position.41 councils appointed in the same way as suspend it for three days. As well as 4.9. THE NATIONAL COUNCIL This same loose description, however, were members of the Constitutional complaining to the commission, aggrieved FOR AUDIO-VISUAL MEDIA (NAC) could be abused (by not requiring, Council in their respective countries, the parties may also file a request with the The National Council for Audio-visual for instance, the appointment of NAC and the CSA clearly differ when it public prosecutor who can sue the outlet Media (NAC) was established by the telecommunications engineers, or comes to the powers conferred on them concerned at the Court of Publications. 1994 Broadcast Law. The function of media scholars and lawyers, and so on), by law. The CSA, for instance, has a range The Court of Publications normally the NAC was to be similar to that of allowing the appointment of members of duties and powers that are not even renders its judgement within 24 hours. its French counterpart (the Conseil who lack the qualifications necessary closely matched by those of the NAC. Its decisions can be challenged at the Supérieur de l’Audiovisuel or CSA). for undertaking a task that requires In cases where there is failure to comply Court of Appeals. It should be noted that, initially, the expertise in the field of communication. with media laws, it can impose fines, government sought to control all phases suspend the licence or even withdraw it. 4.8.3. System for complaints of the licensing process, from studying In fact, the majority of the members and appeals applications to allocating frequencies, to of the first National Audio-visual The most important functions and The New Electoral Law of 2000 provides granting or withdrawing licences. The Council come from backgrounds powers of the NAC conferred by the for only two specific instances where NAC was absent from the government’s not directly related (technically, 1994 Broadcast Law (Articles 17–23, 35 complaints or appeals may be made. First, initial draft of the 1994 Broadcast Law artistically or academically) to the and 47), can be summarised as follows. complaints against decisions on voter and was only introduced later under field of communication. The NAC’s role is to: A decade after the 1994 Broadcast Law registration by registration committees parliamentary pressure in order to check can be lodged with the higher election governmental control of broadcasting.39 Equally as important, if not more • study the licence applications and ensure was introduced, the NAC still lacks the committees – but only until March 30th important, than the professional they meet the conditions set out in the budget, personnel and facilities to carry each year (Article 39). This leaves no Articles 17 and 18 of the 1994 Broadcast qualifications of the appointed 1994 Broadcast Law and the related possibility of making a later complaint Law specify that the NAC shall comprise members, was the extent of their Book of Specifications (or Decree out its monitoring duties… It is forced to should voters discover just before an 10 members, half of whom are to be political independence from the three No. 7997/1996); election that they have been deleted appointed by the Council of Ministers major heads of state (i.e. former • give an “advisory” or “consultative” carry out its monitoring of programme from the voters’ list. Second, refusals by and the other half by parliament, Maronite President Hrawi, Sunni Prime (i.e. non-binding) opinion to the the Ministry of the Interior to register a following the appointment procedure Minister Hariri, and Shia Speaker of Council of Ministers regarding the content with the ministry or candidate can be appealed to the Council used when selecting the members of the Parliament Berri). Just a few weeks rejection or the approval of licence of State (Article 49). Lebanese Constitutional Council. Since after the formation of the NAC there applications, and to publish this opinion the Lebanese Sûreté Générale. this law makes no mention whatsoever were serious doubts concerning the in the Official Gazette; 4.8.4 Representation of women of who is to preside over the NAC, the independence of the newly created • give its (non-binding) opinion Women are under-represented in possibility for the minister of information regulatory body. The headline of a concerning the Book of Specifications Although the NAC may seem to have not binding in any way on the Council Lebanon’s political institutions. There is to be president of this council is not national newspaper accused the majority (this guidebook is to be drafted by a some of the general powers of the of Ministers, which retains the final word only one female minister, and in 2005 precluded. However, the minister is an of the members of “belonging to Hariri”. committee set up and supervised by the CSA, especially concerning licensing and concerning sanctions and the granting or only six women were elected among the unlikely candidate, especially because, This same newspaper quoted a member Council of Ministers, the latter giving its content control, a close reading of the withdrawing of licences. 128 MPs (4.7%), some of whom were according to Article 35 of Law No. of the NAC as saying “he was proud of final approval of the guidebook with a 1994 Lebanese Broadcast Law and the uncontested and were elected largely 382/1994, the NAC “meets on its own his friendship with Prime Minister Hariri” ministerial decree) (Article 25); details (or lack thereof) concerning these The 1994 Broadcast Law does introduce thanks to their family backgrounds. This initiative or upon the initiative of the (As-Safir, November 14th 1995). Another • give its opinion in case the minister of powers gives an entirely different picture. some limits (albeit minor ones) to the is far below the global average of 17.2%. minister of information”.40 member of the NAC, Maher Baydoun, information decides to suspend a licensed For instance, the NAC can only give a licensing power of the ministry, first by The current election law contains no was known to be the vice-president station for infringement of the law; “consultative opinion” to the Council requiring the NAC to publish its justified specific provisions to increase women’s Article 18 of the 1994 Broadcast Law of the board of directors of Solidere, • monitor the programming of of Ministers concerning broadcasting opinion in the Official Gazette and, representation. Generally, electoral systems seeks to secure the independence of the controversial property company broadcasting corporations. applications, fines and the suspension of second, by allowing rejected applicants with large election districts are more the NAC members and to deal with associated with Hariri. licences. In other words, this opinion is to contest the government’s decision

39 “Ending the War? The Lebanese Broadcasting Act of 1994”, by Dima Dabbous-Sensenig, op. cit. 40 ibid. 41 Boutros, op. cit.

24 25 5. THE MEDIA LANDSCAPE

with the State Advisory Council (Articles As such, the minister of information as Law No. 531/96 for satellite broadcasting 19 and 24 of the Law). Apparently the highest broadcasting authority seems stipulates the Council of Ministers Print, radio, television and digital media markets are diverse these limits (or “corrections”) to the to outweigh the NAC, especially since as the sole authority responsible for licensing power of the ministry were it is ultimately the minister, and not the allocating licences by decree, based on in Lebanon, with dozens of politically approved publications, radio introduced by the opposition during the NAC, who can authorise the suspension recommendations from the minister parliamentary discussion in view of the of operations of a broadcaster who is of telecommunications (Article 2). stations and broadcast companies. A relatively high percentage of approval of the Broadcast Law: unable to in infringement of the law. The NAC, Whereas the provisions of the 1994 push for a stronger, more independent once again, is left with a “consultative” Broadcast Law should also apply to the population is also online. NAC that would have exclusive role in which their opinion is non-binding licensed satellite broadcasters according responsibility for granting licences, the (Book of Specifications, Chapter Five, to Article 3 (paragraph 4h) and Article opposition had to “compromise” by Paragraph 9). 10 of Law No. 531/1996 for satellite making the NAC more of a “partner” broadcasting, the NAC is in fact deprived with the government. In any case, it is In 1998, two years after the of any role whatsoever either in the a small “power” compared with that of implementation of the 1994 Broadcast licensing process or in the monitoring the ministry.42 Law and the allocation of broadcasting of the content of satellite channels. This licences, the Hariri government admitted becomes clearer when other articles of 5.1. PRINT MEDIA As with the print media market, the radio 5.4. ONLINE AND DIGITAL MEDIA Both the 1994 Broadcast Law and that the NAC was unable to carry out Law No. 531/1996 are examined. The last The Lebanese press has about 60 media market is also pluralistic enough. In 2012, 61% of the population had the related guidebook for operating its functions as specified by law, and paragraph of Article 3 of this law directly licensed political publications, including access to the internet.43 Thanks to the conditions (the Book of Specifications) newspapers spoke of the NAC’s state of entrusts the minister of information around 10 dailies, almost 40 weeklies 5.3. TELEVISION relatively high penetration of internet reiterate that broadcasting companies “paralysis” (As-Safir, January 9th 1998). with content control, and based on his and four monthly magazines reporting Although the application of the Audio- services in urban areas, in the last decade are subject to the control of the NAC A year later a parliamentary committee or her recommendation, the Council a total circulation of 220,000 (2008). visual Law led to the closure of a number almost all the newspapers have started “in accordance with the provisions of was set up in order to study the 1994 of Ministers enforces sanctions (e.g. However, there are no accurate figures of TV channels, there are still nine to exploit the internet. At first the new Law No. 382/1994”. However, nothing Broadcast Law and propose amendments immediate interruption of transmission on the circulation and distribution of television broadcast stations in Lebanon. sites appeared as electronic versions of is specified about the nature or extent to deal with weaknesses and loopholes, for a full month) (Article 3) and may newspapers in Lebanon and each paper These show the existence of a vibrant and their paper parents, but some of them of that control. According to Article especially with regard to the monitoring even revoke licences (Article 4). makes self-promoting claims. According pluralistic market, which reaches more have now been transformed into more 47 of the 1994 Broadcast Law, one role of the NAC. The committee to the Ministry of Information, As-Safir than 97% of the adult Lebanese audience. useful sources of information with several must assume that the control referred recommended, among other things, In brief, whether in the area of licensing (The Messenger) and An-Nahar (The updates per day. to, in addition to studying the licence reducing the powers of the minister of or content control, the Council of Day) are the most-read newspapers in In addition, the country has two digital applications, is control of the general information in cases of infringement and Ministers is the legal authority overseeing the Arabic language, with, respectively, cable television companies, Cable Vision In addition to the websites of the main programming standards or quotas simultaneously increasing the NAC’s satellite broadcasting. Law No. 531/1996 50,000 and 45,000 issues daily. Whether and Econet. local newspapers, more information mentioned in the law and its guidebook. powers, especially regarding the issuing of for satellite broadcasting, moreover, makes these figures are accurate or not, the about Lebanese political, economic and Such controls would probably include warnings, imposition of financial sanctions no direct mention of how broadcasters largest circulation dailies in Lebanon are With the exception of the state-owned cultural events can be found on numerous the monitoring of broadcast electoral and the ability to initiate legal proceedings deemed to be in infringement of the law certainly An-Nahar, As-Safir and Al-Akhbar and scarcely viewed Télé-Liban (founded websites such as Naharnet, owned by the campaigns, although this is not stated in through a specialised audio-visual court by the Council of Ministers can challenge (The News, founded in 2006). Al-Balad in 1959, it really came into its own in an-Nahar editorial group; NowLebanon, the 1994 Broadcast Law. (to be set up) against broadcasters who the Council’s decision. (The Country, 2003) also had a large 1977 in a merger with La Compagnie close to the ‘”pro-Western” parliamentary were in infringement of the law (As-Safir, circulation when first established but it has Libanaise de Télévision and Télé-Orient), majority; and Tayyar, affiliated with Michel More alarming than the fact that March 31st 1999). subsequently decreased. the other eight Lebanese TV stations are Aoun’s FPM party. the NAC was left with a secondary, directly linked to the different political watered down, role in the licensing Unfortunately, the recommendations The print media market is therefore and religious factions of the country (the These websites are followed mostly and monitoring process, is the practical of the commission were never “pluralistic enough”, in line with the pro-Western parliamentary majority vs. for their “breaking news” services and absence of enforcement powers and implemented; to date, a decade after the tradition of the Lebanese press in the last the pro-Iranian opposition). The result is a their partisan political analysis. Even facilities needed by the NAC to perform 1994 Broadcast Law was introduced, the few decades. generally low standard in reporting local, though it is not always a reliable source its content control duties. Only one short NAC still lacks the budget, personnel regional and international events, while the of information, LibanCall and other article (Article 47) explains how the and facilities to carry out its monitoring 5.2. RADIO news agenda is deeply influenced by the media outlets offer a SMS urgent-news NAC is to carry out its control function duties. The council is forced to carry Currently there are around 40 radio different affiliations. service, valid only in Lebanon and vis-à-vis the licensed broadcasting out its monitoring of programme stations in the country (20 AM, 22 FM, available for $10 a month. In addition, institutions: “Upon the request of the content with “the help and equipment” and four short-wave) broadcasting to 85% Access to satellite television has grown self-proclaimed independent sites such Ministry of Information and through of the ministry or the Lebanese Sûreté of the Lebanese population (2.85 million substantially over the last decade. In as Elnashra, LebanonWire, LebanonPress its bodies, the National Audio-visual Générale. It should be noted that the receivers). Five stations account for the 2012 the Telecommunications Ministry and AkhbarAlyawm may satisfy readers Council exercises control over television Sûreté Générale, legally responsible for majority of listeners. They are all dedicated said it was drawing up plans to launch a interested in broadening their knowledge and radio corporations”. Indeed, every pre-censoring films according to the law to news and, with the exception of the “smart media city” project, similar to the of different Lebanese issues. Web time Law No. 382/1994 mentions the of 27/11/1947 (as discussed at 4.4.1. state-owned Idhaat Lubnan/Radio Liban one already implemented in Egypt, which television and video news in internet technical, administrative or content and 4.6.2. above), is also thought to be (Radio Lebanon, one of the first radio would improve the telecommunications newspapers are still scarcely used. The controls to be exercised, the minister monitoring and pre-censoring non- stations in the Arab world, founded in infrastructure and allow additional satellite dominant source of web TV is YouTube of information, along with the NAC, is political programming (namely dramas) 1939), reflect their different political and television stations and production studios and the various social network platforms specified as the controlling authority. on Lebanese television. religious affiliations. to be set up. such as Facebook.

42 “Ending the War? The Lebanese Broadcasting Act of 1994”, by Dima Dabbous-Sensenig, op. cit. 43 “Freedom of the Press 2013: Lebanon”, op. cit.

26 27 6. MEDIA ORGANISATIONS 7. MEDIA MARKET STRUCTURE

There are a handful of state-owned and private news agencies The Broadcast Law of 1994 is the only Lebanese legal text operating in Lebanon, as well as international news services. The dealing with advertising, in a market dominated by a single press trade unions are, however, regarded as inefficient and are media group. Subsidies and bribes paid by political and business swayed by their political and sectarian loyalties. interests leave the industry open to editorial bias.

6.1. NEWS AGENCIES 6.2. TRADES UNIONS has, for over 40 years, been presided over 7.1. FAIR ALLOCATION OF and the low salaries of the average from the presidency because of a The main Lebanese news agency is the As established in its charter, the Lebanese by the Christian Maronite Melhem Karam, ADVERTISING newspaper journalist, media professionals disagreement with his cabinet members state-owned National News Agency Press Editors Syndicate (LPES) formally a media tycoon who also owns of one The Broadcast Law of 1994 is the only and institutions are forced to seek over a payment of one million Lebanese (NNA). Founded in 1961 and now performs the functions of both a trade of the principal publishing houses in the Lebanese legal text regulating the media revenue and subsidies from elsewhere, pounds (at that time worth $200,000) located in the Ministry of Information union protecting the interests of its Arab world. that deals with advertising. It contains including from foreign entities, in that he had received from the late building in central Hamra Street, the members and an accountability body content-related provisions (Articles 36 exchange for editorial support. This allows King Saud of Saudi Arabia. Osseiran NNA has dozens of reporters in Beirut monitoring the conduct of journalists 6.3. OTHER MEDIA OUTLETS and 37) in addition to a single anti- foreign and business interests to use the claimed that the money was paid to him and across the regions. Recently a new and providing guarantees for their In Lebanon there is no single monoply article (Article 39) that requires media to pursue their agendas and exert personally in return for promoting the NNA website has appeared, with pages professionalism and ethics. However, authoritative source of media statistics, each advertising agency (or “regie”, influence on internal and regional affairs. image of the deposed king in the Arab in French and English along with Arabic, many reporters interviewed in Beirut in but a great deal of media news, reports as agencies are commonly known in Indeed, handing out bribes to newspapers world and that he would not share it but the frequency of online news updates 2009 stated, on condition of anonymity, and surveys can be found on the internet. Lebanon) to service no more than one and journalists is commonly accepted as with other members of the association. is still below international standards. that both the Press Syndicate (LPS) The most reliable are published by television and one radio station at a time. normal behaviour and is even justified by Osseiran also revealed that he had and the LPES have, for decades, been SKeyes Media, Club de la Presse, the some on account of the poor salaries and earlier distributed to Lebanese publishers Another local news service is the ineffectual institutions in existence merely Maharat Foundation and the Institute In practice, however, it seems the lack of benefits available to journalists. another payment – which he claimed smaller private Central News Agency to give the impression that Lebanon for Professional Journalists (IPJ), and advertising market is monopolised by a he could document – of $100,000 from which is based on the Hazmiye hill respects international press organisation include the blog of Magda Abu-Fadil, single media group led by the Lebanese Subsidies for Lebanese papers come the former king.45 near Beirut. Created in 1983 and standards. Around 75% of Lebanese former director of the Journalism advertising mogul Antoine Choueiri. It is in a variety of forms. One consists directed by the Christian Pierre Abi journalists accredited by the Ministry Training Program at the American estimated that Choueiri (or his group) of the patron government or group 7.2. MEDIA OWNERSHIP Aql, it aims to compete with the NNA of Information are not listed as LPES University of Beirut. has control of 92% of the national effectively hiring out the entire The Press Law contains two control in the local market, but does not seem members. The LPES in fact fulfils neither advertising market and 72% of the publication for a yearly or monthly fee. mechanisms to secure the financial and to have the same penetration in the the role of a trade union nor that of In the last decade some independent satellite market in the Gulf region. Under this arrangement, the patron the editorial independence of local Lebanese territories. an accountable professional association. media associations have been created pays all production costs as well as newspapers: Lebanese ownership and Moreover, in Beirut, officials of neither the in Lebanon to help compensate for the The advertising market in Lebanon is staff salaries during the period of the control of income. Ownership must be International news agencies’ political, LPS nor the LPES, when contacted, was lack of effective professional associations. extremely limited and is not able to contract. Another form of subsidy is exclusively Lebanese in order to prevent economic, social and cultural features, able clearly to describe the nature and One of the most active is the Maharat sustain the breadth of media outlets through payments to promote specific local media from becoming mouthpieces for example from the Arabic services the function of the Higher Press Council. Foundation, a group of relatively young operating in the country.44 The total programmes or causes. The amount of for foreign Arab governments. The of Reuters, Agence France Press and journalists who have experienced the population of Lebanon (around four these payments depends on the patron second provision aims at securing and Deutsche Presse-Agentur, usually find According to local observers, the LPS and obstacles to free journalism in Lebanon. million) is too small to allow for the but can be significant, as was revealed monitoring the financial independence considerable space in Lebanese media LPES continue to be dominated by the Their aims are, among other things, financial self-sufficiency of the many during a 1967 press conference held by of licensed newspapers. According to outlets, as do their news bulletins, which political and sectarian carve-up: the Sunni to increase the professionalism of the licensed political newspapers and a the former president of the Lebanese Article 48 of the Press Law, the minister are often quoted by the local TV and Muslim Muhammad Baalbaki has been media and to limit the effects of self- and multitude of radio and television stations. Publishers Association, Zuheir Osseiran. of information has the power to control radio stations and news websites. LPS president since 1989, while the LPES government-imposed censorship. Given the lack of financial self-sufficiency Osseiran was announcing his resignation the income of licensed periodicals

44 ibid. 45 “The Myth of Media Freedom in Lebanon”, by Nabil Dajani, op. cit.

28 29 and to take action against any licensed newspaper scene that is not only diverse and undemocratic licensing system for publication whose “profits cannot be politically and confessionally, but also publications constitutes a major barrier accounted for legally”. Despite these linguistically/ethnically. to the expression of truly pluralistic “protective” provisions in the text of views, especially for new political parties the law, implementation has proved In contrast with the Press Law, where or civil society groups try to access the mostly inadequate. As Dajani observes, pluralism in ownership is not required, media in order to express make their the technical hurdle related to Lebanese the stipulation for pluralism in the views known. ownership has been easily circumvented: ownership of private audio-visual media is foreigners wishing to own a Lebanese clearly spelled out in the 1994 Broadcast The 1994 Broadcast Law, in accordance paper have registered their shares under Law (Article 13). As discussed at 4.5.2.3. with Western laws that require the the name of Lebanese citizens as a cover, above, the implementation of this law inclusion of diverse views by licensed having concluded secret agreements for terrestrial broadcasting resulted in private broadcasters, duly recognises the with them.46 Similarly, the Press Law has the licensing of four television stations. need to have programming that reflects been incapable of securing the financial Despite the fact that these “diverse” “the pluralistic character of expression independence of Lebanese newspapers. stations obtained their licences without and opinions” (Article 7). Its related having to meet any professional criteria, Book of Specifications, or Decree No. 7.2.1. Diverse ownership as previously argued, they still to some 7997/1996, is more concrete in this Modern press legislation in Lebanon and extent reflect the confessional diversity respect, requiring licensees to “broadcast the boom that took place in the press of the Lebanese population – or at least at least one political programme a week sector as a result of the liberal 1952 the larger confessional groups. which is based on above objectivity legislative decree introduced by President and excludes the single opinion in the Chamoun to regulate the licensing of In terms of language use, unlike the Press programme, whether it consists of one periodicals resulted in an increased Law, the 1994 Broadcast Law has a clear episode or more” (Chapter 3, part 7 on number of privately owned political provision concerning the mandatory use programming). It should be noted that the reluctant studio audience (who dailies. For a short period prior to the of the (standard) Arabic language for 30 pluralism in the Lebanese media laws is had just voted against the acceptance introduction of Legislative Decree No. minutes’ of news a day – beyond this understood in its narrowest sense (see of homosexuality) with a group that 74/1953, which limited the number of there are no requirements to broadcast also 4.5.2.3.) and is not in line with the continues to be alternately shunned by print licences, Beirut alone boasted more in Arabic (see also 4.7.6.). concepts of media pluralism and cultural and ridiculed in the local media (see also than 50 dailies.47 Many of these titles still diversity referred to in documents of the 4.6.1. above). In theory, the public has the right not exist today and some of them are leading 7.2.2. Expression of pluralistic views Council of Europe or European Union, newspapers with distinct ideological or The Press Law, understandably, has no such as the 1997 Amsterdam Treaty 7.2.3. Access to the media only to receive information from media political orientations (e.g. An-Nahar, provisions relating to the expression of Protocol on Public Service Broadcasting. On the one hand, the public has the Ad-Diyar, As-Safir, and so on). pluralistic views. The various rationales In conducting interviews with media right to receive national media outlets. outlets but also to be able to express that have historically been used experts and practitioners in Lebanon This especially applies to terrestrial ideas through them. This type of access The Press Law itself does not require internationally to justify the regulation for this report, we noted a unanimous broadcasting, cable TV, phone lines, and so diversity in ownership but could be of broadcasting (as opposed to adherence to the same narrow on, which require a proper infrastructure is important for the healthy exchange said to encourage it, since it contains newspapers) and to enforce positive understanding of diversity and pluralism in order to reach the entire population nothing to prevent the licensing of requirements, e.g. the (now repealed) – i.e. exclusively political or partisan and provide “universal access”. Lack of of ideas in a democracy. privately owned periodicals with “Fairness Doctrine” in the US (Francois pluralism. For example, the manager access is common, however, because divergent political affiliations and/or in a 1994, 515) and other directives requiring of news and political programming at private broadcasters and their advertisers variety of languages – in the latter case that programming be diverse and Future TV defined pluralism as “hosting have an interest in covering or targeting requiring only that the managing editor pluralistic, do not apply to newspapers. individuals from different political leanings only major cities, where potential viewers/ be “proficient in the language of the Theoretically, any individual, political party and giving them the right to express buyers are concentrated. Article 10 of the publication” (Article 23 paragraph 5). or ethnic or linguistic group of people themselves” (al-Fayed 2006). 1994 Broadcast Law attempts to counter Francois 1994, 547). This specific right Cable distribution is not regulated so can voice their opinion and concerns this by requiring licensees of all categories of access, which provided the major there is no legal provision for access. Although Legislative Decree No. 74 of through ownership of a newspaper. This is not to say that television to “cover all Lebanese regions”. justification for the Fairness Doctrine in (The only law that has been used to sue 13/4/1953 limited the number of licences Indeed, it is the aggregate number of broadcasting in Lebanon is not, in the US and is echoed in a weaker form and arrest cable operators on a variety to 25 political dailies and 20 political these diversely owned newspapers that practice, acting increasingly as an outlet In theory, the public has the right not in the content rule on diversity in Decree of occasions is the Lebanese Copyright periodicals (see 4.5.2.5. above), it allows supposedly guarantees pluralism of views for a diversity of views or is not allowing only to receive information from media No. 7997/1996 (see also 7.2.2. above), Law of 1999). The only two “legal” for the existence of non-Arabic political in the country. However, with the current marginalised groups for the first time to outlets but also to be able to express has predominantly been interpreted operators in Lebanon are operating at publications: out of the 25 political system of licensing the press, only rich air their opinions at length without being ideas through them. This type of access to mean the “right of reply”, which a loss, having to compete with some dailies allowed, ten can be published and powerful individuals or corporations framed negatively. An episode of Al hall is important for the healthy exchange requires Lebanese newspapers (and also 600 illegal cable companies. The illegal in a language other than Arabic. As for can actually afford to buy the necessary bi idak (“The solution is in your hands”) of ideas in a democracy and is achieved broadcasters) to provide free space to operators offer very low subscription the political periodicals, eight out of 20 two existing titles/newspapers and to which aired on May 2nd and 9th 2006 by making the media “more hospitable those who have been criticised in the prices – often less than $10 a month – can be in a language other than Arabic. close them down in order to open on New TV dealt with homosexuality as a routine and legal matter to diversity media and who wish to respond to and provide cable access to most 48 This policy has resulted in a Lebanese up a new political daily. This restrictive in a remarkably open way, confronting of viewpoint” (Jerome Barron cited in this criticism. Lebanese households.

46 “Disoriented Media in a Fragmented Society”, by Nabil Dajani, op. cit. Page 39. 48 “Pirate’s paradise: when stealing is the norm”, by Peter Speetjens, op. cit. 47 ibid. Page 34.

30 31 8. CONCLUSIONS AND RECOMMENDATIONS

types of periodicals (political vs. and be able to issue warnings and criticising public servants, officials in high Although ostensibly free, the Lebanese media find themselves non-political) should be removed. penalties when stations infringe upon positions, the military, all heads of state, content requirements. and so on. stifled by several legal, political, economic and cultural restrictions, c) Similarly, the distinction between political (i.e. Category 1) and non- political k) Appropriate courts, and not the minister u) Truth should be a legitimate defence in which limit freedom of expression. This calls for an overhaul of the (Category 2) broadcast licences should of information, should be responsible all libel cases, not just in those involving be removed. for deciding whether a station in public servants. judiciary and electoral system, which must occur multilaterally. infringement of content requirements d) Foreign ownership should be allowed should be closed down temporarily. v) Blasphemy laws, if they cannot be to some extent, for example, with a repealed altogether, should be redefined stipulation to keep the majority of the l) Satellite television stations should not be in such a way as not to be equated with shares in Lebanese hands. licensed by the Council of Ministers. The medieval heresy laws. In other words, NAC should be given responsibility for people who do not believe in God e) More sophisticated cross-ownership rules regulating satellite broadcasting (in terms should be able to express with impunity should be introduced. These should be of licences and content control). this “belief”, and blasphemy laws should, based on market share, for instance, and at best, become rules restricting the take into account other media such as m) All licence applicants should be able vilification of recognised religious groups. cable and newspapers (currently they to contest the decision of the only deal with radio and television). appropriate licensing authority through w) Sanctions for libel should be higher Reform in Lebanon must be multilateral The power exerted by the politico- As long as the executive and other the court system. when the libelled party is a private and carried out on several fronts economic elites is often the result powerful players cannot be safely f) Better and clearer anti-concentration person, and lighter when the libelled simultaneously. Unless the judiciary and of provisions in the media laws that criticised, and as long as the judiciary rules should be introduced, including n) Official prior restraint on leaflets, party is a public or official person, in the electoral system are reformed in protect the interests of those in power cannot consistently be relied upon to act a clear definition of what is meant by theatre productions and films should be order to increase the margin of freedom such a way as to implement the rule of rather than promoting the public independently (from government) and to “direct” and “indirect” ownership. These lifted entirely. of expression and enrich political debate law in the country, it is doubtful whether interest. A good example of media fight corruption (and cannot be criticised rules, to be more effective, should also in the country. the mostly private commercial media laws that fail to operate in the public itself when it fails to do so), the Lebanese prevent the adult children of the same o) A law for cable operation and distribution could carry out reform themselves. interest are the defamation laws that media, even when willing to act in the shareholder from being counted as should be introduced. x) International publications should not Without a holistic approach to change, have turned legitimate targets of public interest, cannot be expected to independent shareholders. be subjected to prior censorship upon reforms of the media laws could well scrutiny and criticism (e.g. presidents, work freely and to promote the rule of p) A law for internet regulation should entering Lebanon or when being issued prove unenforceable. the military, judges, and so on) into law in the country. g) The cost of broadcasting licences be introduced. via satellite in the country. untouchable figures. should be reasonable and not used as a 8.1. CONCLUSIONS 8.2. POLICY RECOMMENDATIONS structural mechanism for excluding some q) Laws for new media (e.g. cable and y) Specialised courts should be exclusively Despite some superficial indications Lebanon, although a pioneer in 8.2.1. Independence qualified applicants. internet) should be in harmony with responsible for dealing with cases that the media in Lebanon are introducing the first law for regulating a) Fundamental guarantees of media existing media laws (especially concerning related to the infringement of content comparatively free, the sector finds itself private broadcasting in the Arab independence: h) The National Audio-visual Council (NAC) content requirements), should take into requirements in all media (whether these in several difficult predicaments – legal, world, is now lagging behind as it has should become more independent of consideration the specificity of each require licences or not). political, economic and cultural. These proved unable, since 1994, to update i. Freedom of association should be the government and be responsible for medium (e.g. content requirements on predicaments, in general, reduce both the either this law or the Press Law of guaranteed by freeing the media allocating licences (i.e. the Council of cable should be more lax than those z) Prison penalties for journalists and scope for freedom of expression in the 1962 in keeping with technological from bureaucratic hurdles. Ministers should not be able to control of free terrestrial broadcasting). Ideally, broadcasters found by the courts to be country and the ability of the media to act and other changes. Not a single ii. Freedom of access to information the licensing process). this could be a law on convergence of in infringement of content requirements efficiently as a watchdog of government amendment to the broadcast and should be guaranteed, at minimum, the media. should be abolished. Only financial fines and to promote the rule of law. Critical, or press laws has been introduced since by introducing a related provision in i) The NAC should also be more should be allowed. potentially critical, media and members of 1994. In addition, the legislative field the text of media laws. transparent and accountable in its r) Fair discussion and criticism of the civil society are at present held in check is, in some cases, characterised by the functions as a regulatory body (i.e. situation of the economy and the 8.2.3. Censorship by politico-economic power elites who total lack of a regulatory framework b) The NAC should be granted by holding public hearings during the Lebanese currency should be allowed a) Even during “exceptional circumstances”, enjoy the support of a largely subservient for the internet, the cable industry and independence and enforcement licensing process, by publishing quarterly and should not be punished. the print media should be able to contest judiciary and are generally untouched by for the practices of the media during powers (see recommendations in the or yearly studies about the output of the the Council of Ministers’ decision to the rule of law. election periods. following section). Lebanese broadcast media, and so on). s) Concepts related to content controls introduce prior restraint. such as “decency” and “national security” There are, of course, some general Finally, and most importantly, the 8.2.2. Regulatory system j) The NAC should replace the minister should be precisely defined in order to b) Informal and illegal prior censorship of guarantees of freedom of expression judiciary has failed on several occasions a) Periodicals should not be licensed of information when it comes to prevent abuses in their application and television drama by the Sûreté Générale in the Constitution and in the text of to act as an independent arbiter to (only registered) and the current content control. It should be transparent, a consequent decrease in the margin of should be abolished. several media laws, but these guarantees restore balance in the unequal power restrictive system for licensing political allow public hearings when allocating freedom of expression in the country. are curbed by a plethora of often loosely relationship between the public, civil periodicals should be removed. or reviewing licences, be provided with c) The Council of Ministers should not deal worded restrictions that undermine society and the media on the one hand, its own facilities and personnel in order t) Defamation laws should be amended in with satellite content (especially the issue constitutional and legal protections. and the government on the other. b) The current distinction between different to carry out its monitoring function, order to allow for more freedom when of political programming) and should not

32 33 9. LIST OF MEDIA OUTLETS, ORGANISATIONS AND LAWS

impose positive requirements forcing term the Supervisory Commission should advertising (with respect to fees, time 9.1. NEWSPAPERS 9.6. TRADE UNIONS companies to produce programming issue guidelines. Complaints related to of broadcast, facilities, and so on), and al-Akhbar Lebanese Press Syndicate in order to “enhance” the image of the media conduct will have to be dealt with to provide free or paid airtime on an al-Balad Magda Abu-Fadil’s blog on Lebanese country abroad. rapidly. It is, however, problematic that equal basis to all official candidates. al-Hayata Press Trade Unions several public bodies can be involved v. A council should be set up for dealing al-Hawadeth SKeyes Media d) Foreign publications should not be in parallel when dealing with media- with election-related complaints. al-Iktissad Wal-Aamal confiscated based on decisions made by related cases. This can result in conflicting The council or supervisory body al-Jaras 9.7. LAWS AND REGULATIONS the minister of information. decisions. The law should be amended should have auditing capacity and the al-Masira/an-Najwa Lebanese Constitution to clarify the complaints channels. In the power to impose sanctions when an al-Mustaqbal 1962 Press Law e) Foreign newspapers sold in Lebanon short term the Supervisory Commission outlet is in infringement of the legal al-Shiraaa 1994 Broadcast Law should not be subjected to the local and the Public Prosecution should agree requirements. al-Watan al-Arabi 1996 Satellite Law licensing system (as is currently the case). on close co-operation in these cases to vi. A period of “campaign silence” should an-Nahar 2008 Electoral Law avoid ‘forum-shopping’ by complainants be set for the media during the last as-Safir 8.2.4. Electoral framework and diverging decisions. few days before an election and on Concept-Mafhoum 9.8. INSTITUTIONS a) The delimitation of electoral districts election day itself. The purpose of Executive Ministry of Telecommunication should be reviewed in order to ensure h) It is unclear when the campaign period this period is to give voters time for L’Hebdo Magazine National Audio-visual Council (NAC) the equality of the vote and to seek ways starts. This creates significant legal reflection between the end of the L’Orient-Le Jour Reporters Without Borders on Lebanon to limit the role of confessionalism in uncertainty and should be addressed in campaign and the act of voting itself. La Revue du Liban NGOs: political life, rather than enhancing it. the short term by government decree, Le Commerce du LevantL • IREX and in the long term by amending the law. 8.2.5. Media independence from Monday Morning • Freedom House b) Unreasonable restrictions on the right to external influences The Daily Star • Solidar vote should be abolished, namely: security i) While there are detailed rules on a) Proper checks on a station’s financial The Middle East Reporter (MER) • Internews forces should be allowed to vote and campaign financing, these provisions are situation and independence from • Democracy Reporting International naturalised citizens should enjoy the same inconsequential. Apart from penalties for illegitimate sources of funding should be 9.2. RADIO voting rights as other citizens. intentional breaches of the rules there regularly carried out by the appropriate Idhaat an-Nur are no consequences for submitting regulatory body (e.g. the NAC). Radio Liban c) The equal right of anyone to stand incorrect accounting and no explicit Radio Voix du Liban for election is violated by the fact requirement that candidates’ accounts b) Advertising monopolies should be Sawt al-Ghadd that all seats are allocated to specific be published. In the short term the prevented and indirect ownership of Sawt al-Shaab confessions: by law, citizens with other, or Supervisory Commission should decide advertising agencies whose purpose is to no, beliefs cannot run for election. The to publish these accounts. In the long circumvent the anti-monopoly law abolished. 9.3. TELEVISION implementation of the Taif Agreement‘s term the law should be amended in al-Manar TV provision to create a second chamber these respects. c) Content requirements (positive or Future News to represent confessional groups would negative) related to the “reputation” of FutureTV solve this problem. This solution is j) Women’s representation in parliament Lebanon and other foreign countries LBC foreseen in the Constitution (Article 22). should be increased. In the short term should be removed in order to reduce MTV political groups should consider this issue. the extent of foreign influence on local NBN d) Given historic mistrust of the electoral In the longer term, the negative effects media content. New TV administration’s impartiality and in the of the electoral system and the electoral OTV interest of transparency, the Ministry of procedures for women’s representation d) A set of general anti-corruption laws Télé-Lumière the Interior should consult stakeholders should be addressed. should be introduced that apply to media before important decisions are made and practitioners and politicians as well. 9.4. ONLINE MEDIA ensure the wide and prompt publication k) A law regulating media coverage of AkhbarAlayawm of all relevant decisions. elections should be introduced. This law e) The concept of pluralism in the media Elnashra should include the following provisions: should not be confined or restricted to LebanonPress e) The law should be changed so that voters ownership within a single broadcasting LebanonWire who reach voting age after the end of i. A ceiling for spending on political station that is diversified from a Naharnet the annual registration update but before advertising and campaigning. confessional point of view. Pluralism in the NowLebanon election day should be allowed to vote. ii. Requirements for mandatory disclosure media should also mean ownership by of candidates’ financial status. linguistic/ethnic minorities. Content should 9.5. NEWS AGENCIES f) The right to stand in elections is a iii. Allowing all officially recognised be pluralist, not just by representing Agence France Press in Arabic (AFP) fundamental right and should not be candidates equitable and fair access to different opinions but in ensuring these Central News Agency subject to an administrative fee. the media during election campaigns. opinions reflect the diversity of the Deutsche Presse-Agentur in Arabic iv. Private/commercial media should country from a regional, confessional, (DPA) g) The provisions on media conduct during be required to apply the same ethnic, linguistic, socio-economic and National News Agency (NNA) elections need to be clarified. In the short conditions when it comes to electoral any other relevant perspective. Reuters in Arabic

34 35 10. SOURCES

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36 37 11. APPENDIX

COMMENTARY ON LAW to the case of Article 1 of the Press No. 531/1996 states that the provisions 330 OF 1994, AMENDING Law, clearly states that “the audio-visual of Law No. 382/1994 are also applicable THE LEGISLATIVE DECREE media are free”, and are therefore not to satellite broadcasting. NO. 104/1977 subjected to prior censorship in the way • In the case of print media, as stated in films or plays are. However, although • Because of the regulatory vacuum in Article 25 of Law No. 330/1994, the Public prior censorship is not legal as far as which the cable distributors are operating, Prosecutor is entitled to exercise post the terrestrial broadcast media are the scene is chaotic, with many citizens (-publication) censorship by confiscating concerned, in practice all local television complaining to the authorities about those issues that contain material “insulting dramas require clearance from the Sûreté pornographic material being distributed to one of the officially recognised religions Générale before being produced and through cable. The only form of cable in the country, or which might lead to broadcast. Usually television scriptwriters censorship which exists is informal or confessional and racial strife or which send a copy of their script, which is then community-based and is practiced by might threaten public safety” and so on. stamped, “page by page”, as a mark of the individual cable operator who has to The role of the courts is of additional official approval. In any case, Law No. cater to the needs and demands of its significance, with the prerogative to 382/1994 for terrestrial broadcasting clientele in a specific geographical area. impose prison sentences (of up to three clearly states that any decision by the Thus, it is not unusual to receive some years) and fines that can reach a maximum Council of Ministers concerning sanctions pornographic channels in some of the of 100 million Lebanese pounds. It is for not respecting content requirements “liberal” and more affluent parts of the worth noting that Article 25 of Law No. can be taken to the State Advisory Lebanese cities, whereas in some of the 330/1994, although still quite restrictive, Council for review (Articles 24 and 35). more conservative neighbourhoods it is and especially so because it includes prison not even possible to receive Fashion TV sentences for content-related “crimes”, is • In contrast with the Press Law of with its scantily dressed models. a significant improvement over its 1977 1962 and the Broadcast Law of 1994 version. Prior to the 1994 amendment (Section 1.2.6.), Law No. 531/1996 for • Although Lebanon still lacks legislation it was possible for the Public Prosecutor satellite transmission is highly restrictive that regulates the internet, the content to stop the publication of a periodical for concerning its (pre-) censorship rules. of this new medium is nonetheless up to one month, before the case was Article 3 paragraph 4 requires applicants subjected to censorship by the Sûreté even referred to the courts. The amended not to air any directly or indirectly Générale, who apply the content-related article does away with the temporary political programming without prior provisions of existing restrictive print suspension (of a publication) prior to approval from the Council of Ministers and broadcast laws, as well as the Penal processing the case in court. (neither the Ministry of Information Code, to the web. In the most well- nor the NAC, but directly the prime known case to date, on April 3rd 2000 • When it comes to periodicals, prior minister), this being granted through a officers from the vice squad stormed restraint (prior or pre-publication ministerial decree. Moreover, the same the offices of Destination, a major censorship) is permissible under article requires getting the prior approval Lebanese internet service provider. “exceptional circumstances” related to of the minister of information concerning The raid followed the registration of a internal or external threats to national the general programming grid. When domain name, gaylebanon.com, for a security (Article 39 of amended a satellite station is in infringement of website directed towards gay and lesbian Legislative Decree No. 104/1977). In the listed content controls, the minister Lebanese. Only after the owner of the this case, the Council of Ministers is the of information has the responsibility to ISP was arrested could his lawyer explain official body responsible for introducing report this to the Council of Ministers, that ISPs do not “broadcast” any content and lifting prior restraint through a which can decide to “immediately and that it only provides the possibility ministerial decree. Worse even than interrupt broadcasting for a maximum to surf the internet, leaving the users giving the Council of Ministers broad period of one month”, with no possibility free to navigate the web. Apparently, the powers to censor publications (and of appealing the decision or asking for prosecution of the owner of Destination thus, providing limitless possibilities for financial compensation. Indeed, Law and of Kamal el-Batal, the director of abuse during times of crisis), the article No. 531/1996 for satellite broadcasting a Lebanese human rights organisation precludes the possibility of contesting the makes no direct mention of any judicial (MIRSAD) who publicised the case, took government’s decision to impose prior proceedings that might be resorted to by place in a military court. It was obvious restraint by resorting to the relevant broadcasters who would like to challenge that the authorities, while considering courts. In other words, the media cannot the Council of Ministers’ decision that the dissemination of the problematic even contest the government’s decision they are in infringement of content web content as “broadcasting”, were in a court of law. requirements. It may be argued, however, not willing to apply justice through that challenging the government’s the specialised court that deals with • “Exceptional circumstances” aside, Article decision concerning satellite broadcasting press and broadcasting issues (i.e. the 3 of the 1994 Broadcast Law, similar is still possible because Article 3 of Law Publications Court).

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