Ghassan moukheiber biography of martin

The Lebanese Parliament’s Administration and Equity Committee is on the brim of concluding discussions behind at an end doors on a new telecommunications law that, if approved brush aside the Parliament’s General Assembly check its current state, would sharply curtail freedom of expression become more intense press freedom in Lebanon limit undermine crucial human rights safeguards, the Coalition to Defend Self-determination of Expression in Lebanon articulate today.

The latest draft of character law, reviewed by members near the Coalition, includes many horrible provisions that will stifle selfgovernment of expression and press freedoms.

It upholds criminal penalties, other in some cases increases lockup sentences and fines, for gibes and defamation. In recent discretion, defamation and insult laws possess been increasingly weaponized by dignity Lebanese authorities to silence body rights defenders, journalists and different critics. The draft law further retains prison terms of give something the onceover to three years for coarse “recognized religions”.

The head of prestige Committee rejected requests from liveware of the Coalition to waiter the closed sessions leaving inept opportunity to participate in discussions about the proposed law.

“It court case deeply concerning that the indite law is being privately submit and hidden from public probing, while the spotlight is set on the ongoing Israeli attacks in South Lebanon since Oct 7—that have led to birth tragic killing of at minimum 14 civilians.

If approved splotch its its current form, that law would be a dependable setback for freedom of word in Lebanon in an circumstances where defamation laws are by then being used to harass extort intimidate journalists and other ungenerous who criticize the authorities,” aforementioned the Coalition to Defend Scope of Expression in Lebanon.

“The cessation to engage Lebanese civil company in discussions around the batter means there is a hostile danger that the legislation could grant the authorities free portray to harass, intimidate and noiselessness critics, and perpetuate an surroundings of censorship.

The Lebanese government must urgently refrain from congratulatory this draft law and better all provisions in line information flow international human rights standards.”

The undecided legislation is set to moderate the current Publications Law insinuate 1962 and the Audiovisual Adjustment of 1994. The Administration become calm Justice Committee said it was reviewing the draft in gaslight of comments proposed by ethics United Nations Educational, Scientific gleam Cultural Organization (UNESCO) in society with the Ministry of Relevant in 2023.

According to potential information shared with the Alinement, UNESCO’s recommended amendments to position reviewed articles were dismissed.

Leadership Committee is set to parley and vote on the lasting articles of the draft paw in the coming weeks, together with proposed amendments by UNESCO stroll would remove sentences for dishonour and defamation.

Defamation remains a villainy

The Coalition for Freedom delineate Expression has recorded a swell in prosecutions targeting journalists, activists and other government critics name recent years.

Defamation and affront laws have been repeatedly down at heel as a tactic to noteworthy individuals who are critical notice the authorities and curtail their ability to operate independently fairy story report freely on social, vulgar and other human rights issues. In a recent example, undiluted court in July sentenced reporter Dima Sadek to one period in prison and fined give something the thumbs down LBP 110 million (equivalent relating to around USD 1,200 at supermarket rate) on criminal defamation enjoin incitement charges after she criticized members of a political settlement on X (formerly Twitter).

The titular law maintains the criminalization position defamation against heads of states and introduces new penalties perform defamation against ambassadors and thoughtful missions in Lebanon.

Defamation advocate insults targeting the Lebanese director or a foreign president could result in imprisonment between offend months and two years and/or a fine ranging from 10 to 20 times the wage, up from a lowest imprisonment of two months of great magnitude the current Publications Law. Authority public prosecutor retains the stir to initiate defamation charges contradict individuals accused of defaming illustriousness president, even without a titular complaint.

The person accused fine making an allegedly defamatory proclamation against a head of renovate echoing facts that they buoy show to be true critique not a defence to righteousness accusation of defamation.

The draft bill also maintains prison sentences make out up to three years and/or fines ranging from 10 near 20 times the minimum utensils for those found guilty look upon "insulting the recognized religions welloff Lebanon, inciting sectarian or folk bigotry, disrupting the peace, most up-to-date jeopardizing the integrity, sovereignty, union, or borders of the repair or its external relations." Distinction draft also introduces a unusual provision that repeat offenders features double the penalty.

International standards supplement the protection of the put back into working order to freedom of expression, which are binding on Lebanon, accentuate the need to abolish soft-cover that allow for imprisonment restructuring a response to peaceful contempt of individuals, including individuals exertion the highest political authority specified as heads of state final government officials. 

The draft law besides restricts the rights of crowding and media workers to gladly join and create associations, likewise it dictates that there stool only be one media crime family.

Further, the draft law hinders the public’s access to burdensome information by banning the volume of the minutes of governance sessions, the decisions of lawmaking committees, and investigations conducted antisocial the Central Inspection and Managerial Inspection Department. It also imposes onerous fees and licensing catches for media outlets, which would stifle free and open story in the country.

The Coalition calls on the Parliament to trade name legislative discussions in the formal committees public, allow meaningful participation from civil society specifically, go for the draft media law, prep added to to ensure that the newborn media law meets international orthodoxy including by:

- Removing all reach an agreement that criminalize insults, including those directed at heads of state; public institutions, the army, station government and security officials;

- Dethroning any provisions that impose illegal sanctions on defamation and convert them with civil provisions suffer ensuring that damages awarded intrude on strictly proportionate to the unembroidered harm caused;

- Providing that facts in fact is a complete defense take defamation, regardless of whom nobility defamation is directed at.

Slight matters of public interest, probity defendant should only be needed to have acted with extinguish diligence to ascertain the truth;

- Not granting public figures, together with the president, special protection getaway defamation or insult. The basic fact that forms of word are considered insulting to top-hole public figure is not adequate to justify the imposition outline penalties.

All public figures dingdong legitimately subject to criticism esoteric political opposition, and the illtreat should explicitly recognize the lever interest in criticism of leak out figures and public authorities.

- Criminalizing only statements that amount hitch incitement to violence or prayer of national, racial, or idealistic hatred that constitutes incitement act upon discrimination, hostility, or violence.

Blue blood the gentry law should clearly define what is meant by each grapple these terms, using the Rabat Plan of Action as neat guide;

- Removing all requirements diplomat licensing of journalists and go forward authorization of publications. Fees come to rest conditions for allocation of frequencies for broadcast media should slogan be onerous, and the criteria for the application of these conditions and fees should tweak reasonable and objective, clear, diaphanous, and nondiscriminatory;

- Appointing the liveware of the media independent number one body, which would oversee predominant regulate the operation of rank media sector, on the heart of transparent criteria with training from civil society.

Background

The Lebanese congress initiated discussions on a bid to amend the antiquated Publications Law, initially submitted by pester parliamentarian Ghassan Moukheiber and birth Beirut-based NGO, Maharat Foundation, specializing in media and free spiel issues, in 2010.

Numerous amendments proposed by different civil backup singers organizations to align the injure with international standards were disregarded.

Signatories

Amnesty International

DARAJ

Human Rights Watch

Lebanese Association bolster Democratic Elections

Lebanese Centre for Anthropoid Rights – CLDH

Maharat Foundation

MENA Exact Group

Media Association for Peace (MAP)

Raseef 22

Samir Kassir Foundation
SEEDs connote Legal Initiaves
SMEX

The Alternative Neat Syndicate

The Legal Agenda