GCC Media Laws: Review and Analysis By Dr. Matt J. Duffy Doha Centre for Media Freedom
May 17, 2015
GCC Media Laws: Review and AnalysisBy Dr. Matt J. DuffyDoha Centre for Media Freedom
Project Doha Centre suggested,
supported this analysis Much is known about
restrictions to free speech, press in GCC
Little known about legal mechanisms that create this environment
Must know where we are, to know how to move forward
GCC: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and United Arab Emirates
Research Primary sources: Media laws, penal codes,
regulations from six GCC countries Some media laws (Saudi, Oman) were not
available anywhere in English. Doha Centre translated them and will publish
on site as part of final project Secondary sources: Accounts from books,
press reports and NGOs With particular attention paid
to which laws, regulations used to restrict speech, press
Result: 80-page report
Overview
Findings Most of countries featured similar laws
Can this be traced back to British rule? Kuwait’s laws largely as restrictive as
rest, but active parliament, culture of public debate helped its relative rankings
Saudi Arabia has no official penal code. Observers say laws often quite fluid, with authorities making arrests then later deciding which specific laws were broken
Conclusions & Recommendations All Constitutions except Saudi contained
clause guaranteeing “freedom of expression”
All offered “within limits of law” caveat Not necessarily surprising, nor different than
other countries All countries do limit freedom of expression
in some way… but where the line is drawn is what differs between GCC, countries with developed press freedoms
Conclusions & Recommendations
Criminal defamation laws Aim to protect reputation Can be used to squelch any criticism or
objective reporting Truth not necessarily a defense Lead to jail for journalists, which prompts huge
self-censorship Recommendation: Civil defamation laws
Allow courts to fine journalists who defame Specify truth is always a defense Different thresholds for public vs. private figures
Conclusions & Recommendations
All GCC countries requirethe licensing of journalists Leads to self-censorship because
journalists can worry that their licenses will be revoked
Recommendation: No licenses Allow journalists to self-regulate Countries with strong protections for press
freedom tend to feature journalism groups that stress high ethical standards (and no licensing.)
Conclusions & Recommendations
All GCC countries list prohibitionsjournalists must follow Don’t report anything:
That will harm the national economy Upset the public order Critical of an Arab state, leader
Recommendation: No broad restrictions Instead of “upset public order,” ban the
incitement of “imminent lawless action.” Much less broad
Conclusions & Recommendations
All GCC countries feature prohibitions against “insulting” or “criticizing” the ruler i.e., lese-majeste laws Common in British colonial laws
Recommendations: Eliminate these prohibitions Insulting prohibitions, though, carry
cultural weight in Arab world…
Conclusions & Recommendations
“Truth” mandated in reporting Bahrain, Kuwait, Saudi Arabia,
and Oman Sounds like a good idea – why shouldn’t
reporting be truthful? But, leads to self-censorship
Recommendations: Eliminate calls for “truth” in reporting Truth should be used in civil defamation
cases – so factual errors in reporting can lead to financial damages.
Conclusions & Recommendations
No media laws speak to value of journalism as a force for good in society Journalism treated as industry
that must simply be regulated In countries with developed press freedoms,
attempts to punish journalists balanced by understood value of free, critical press
Recommendation: Add language to media laws like from Abu Dhabi Media Zone “content guidelines”…
Conclusions & Recommendations Abu Dhabi Media Zone
content guidelines: Protects journalists who
engage in: “the exposure of crime, corruption, antisocial behavior, injustice or serious impropriety, protecting public health or safety, exposing lies, hypocrisy or materially misleading claims made by individuals or organizations, disclosing incompetence, and negligence or dereliction of duty that affects the public.”
The End Thanks for listening! Full report slated for release on
Doha Centre for Media Freedom’s website by end of year. www.dc4mf.org
Will submit shortened version to Communication Law and Policy
www.mattjduffy.com My website @mattjduffy Follow me on Twitter