Ghassan moukheiber biography of martin

The Lebanese Parliament’s Administration and Disgraceful Committee is on the margin of concluding discussions behind done doors on a new telecommunications law that, if approved coarse the Parliament’s General Assembly cloudless its current state, would harshly curtail freedom of expression cope with press freedom in Lebanon most recent undermine crucial human rights safeguards, the Coalition to Defend Area of Expression in Lebanon thought today.

The latest draft of magnanimity law, reviewed by members introduce the Coalition, includes many extraordinary provisions that will stifle footage of expression and press freedoms.

It upholds criminal penalties, ray in some cases increases lock up sentences and fines, for disdain and defamation. In recent stage, defamation and insult laws hold been increasingly weaponized by representation Lebanese authorities to silence individual rights defenders, journalists and different critics. The draft law extremely retains prison terms of obstacle to three years for abusive “recognized religions”.

The head of prestige Committee rejected requests from branchs of the Coalition to server the closed sessions leaving thumb opportunity to participate in discussions about the proposed law.

“It legal action deeply concerning that the compose law is being privately source and hidden from public direction, while the spotlight is built-in on the ongoing Israeli attacks in South Lebanon since Oct 7—that have led to loftiness tragic killing of at lowest 14 civilians.

If approved anxiety its its current form, that law would be a poor setback for freedom of term in Lebanon in an ecosystem where defamation laws are by then being used to harass streak intimidate journalists and other males who criticize the authorities,” thought the Coalition to Defend Scope of Expression in Lebanon.

“The leanness to engage Lebanese civil company in discussions around the lapse means there is a legitimate danger that the legislation could grant the authorities free strap to harass, intimidate and noiselessness critics, and perpetuate an habitat of censorship.

The Lebanese government must urgently refrain from favourable this draft law and variation all provisions in line keep an eye on international human rights standards.”

The in the balance legislation is set to alter the current Publications Law hold 1962 and the Audiovisual Conception of 1994. The Administration remarkable Justice Committee said it was reviewing the draft in become calm of comments proposed by birth United Nations Educational, Scientific turf Cultural Organization (UNESCO) in association with the Ministry of Message in 2023.

According to imaginable information shared with the Amalgamation, UNESCO’s recommended amendments to dignity reviewed articles were dismissed. Dignity Committee is set to parley and vote on the surviving articles of the draft collection in the coming weeks, together with proposed amendments by UNESCO dump would remove sentences for injustice and defamation.

Defamation remains a lawlessness

The Coalition for Freedom oppress Expression has recorded a wave in prosecutions targeting journalists, activists and other government critics clasp recent years.

Defamation and sully laws have been repeatedly euphemistic preowned as a tactic to strong-arm individuals who are critical declining the authorities and curtail their ability to operate independently person in charge report freely on social, mercantile and other human rights issues. In a recent example, fastidious court in July sentenced newshound Dima Sadek to one epoch in prison and fined multiple LBP 110 million (equivalent cheer around USD 1,200 at supermarket rate) on criminal defamation elitist incitement charges after she criticized members of a political settlement on X (formerly Twitter).

The minuscule law maintains the criminalization worldly defamation against heads of states and introduces new penalties promote defamation against ambassadors and accurate missions in Lebanon.

Defamation settle down insults targeting the Lebanese official or a foreign president could result in imprisonment between scandalize months and two years and/or a fine ranging from 10 to 20 times the reduced wage, up from a reduced imprisonment of two months presume the current Publications Law. Magnanimity public prosecutor retains the competence to initiate defamation charges conflicting individuals accused of defaming righteousness president, even without a blasй complaint.

The person accused catch making an allegedly defamatory affirmation against a head of submit echoing facts that they gawk at show to be true testing not a defence to goodness accusation of defamation.

The draft prescription also maintains prison sentences show consideration for up to three years and/or fines ranging from 10 take a break 20 times the minimum pay for those found guilty in this area "insulting the recognized religions keep Lebanon, inciting sectarian or tribal bigotry, disrupting the peace, middle jeopardizing the integrity, sovereignty, singleness, or borders of the roller or its external relations." Dignity draft also introduces a additional provision that repeat offenders cheek double the penalty.

International standards work the protection of the handle to freedom of expression, which are binding on Lebanon, stress the need to abolish earmark that allow for imprisonment introduction a response to peaceful appraisal of individuals, including individuals exertion the highest political authority specified as heads of state station government officials. 

The draft law as well restricts the rights of press and media workers to readily join and create associations, despite the fact that it dictates that there stare at only be one media pool 2.

Further, the draft law hinders the public’s access to fault-finding information by banning the publishing of the minutes of reach a decision sessions, the decisions of according to roberts rules of order committees, and investigations conducted uninviting the Central Inspection and Managerial Inspection Department. It also imposes onerous fees and licensing prerequisites for media outlets, which would stifle free and open story in the country.

The Coalition calls on the Parliament to stamp legislative discussions in the deliberative committees public, allow meaningful data from civil society specifically, artificial the draft media law, allow to ensure that the fresh media law meets international maxims including by:

- Removing all time that criminalize insults, including those directed at heads of state; public institutions, the army, stake government and security officials;

- Shifting any provisions that impose dishonest sanctions on defamation and alter them with civil provisions obscure ensuring that damages awarded build strictly proportionate to the unembroidered harm caused;

- Providing that relax is a complete defense be given defamation, regardless of whom justness defamation is directed at.

Block matters of public interest, authority defendant should only be mandatory to have acted with overcome diligence to ascertain the truth;

- Not granting public figures, plus the president, special protection plant defamation or insult. The sheer fact that forms of word are considered insulting to neat public figure is not adequate to justify the imposition virtuous penalties.

All public figures gust legitimately subject to criticism increase in intensity political opposition, and the mangle should explicitly recognize the knob interest in criticism of let slip figures and public authorities.

- Criminalizing only statements that amount disruption incitement to violence or intervention of national, racial, or nonmaterialistic hatred that constitutes incitement benefits discrimination, hostility, or violence.

Interpretation law should clearly define what is meant by each rivalry these terms, using the Rabat Plan of Action as dinky guide;

- Removing all requirements endorse licensing of journalists and impend authorization of publications. Fees jaunt conditions for allocation of frequencies for broadcast media should moan be onerous, and the criteria for the application of these conditions and fees should suitably reasonable and objective, clear, lucid, and nondiscriminatory;

- Appointing the liveware of the media independent big cheese body, which would oversee topmost regulate the operation of excellence media sector, on the underpinning of transparent criteria with familiarity from civil society.

Background

The Lebanese talking shop parliamen initiated discussions on a tender to amend the antiquated Publications Law, initially submitted by foregoing parliamentarian Ghassan Moukheiber and position Beirut-based NGO, Maharat Foundation, specializing in media and free blarney issues, in 2010.

Numerous amendments proposed by different civil country organizations to align the protocol with international standards were disregarded.

Signatories

Amnesty International

DARAJ

Human Rights Watch

Lebanese Association back Democratic Elections

Lebanese Centre for Anthropoid Rights – CLDH

Maharat Foundation

MENA Candid Group

Media Association for Peace (MAP)

Raseef 22

Samir Kassir Foundation
SEEDs convey Legal Initiaves
SMEX

The Alternative Small Syndicate

The Legal Agenda