I am not sure why we still have a Ministry of Information, and I truly believe that the first reform needed for any future government is abolishing this ministry. But until then, we have a bigger problem at hand: the proposed new media law, which poses a grave threat to freedom of expression.
The Lebanese Parliament’s Administration and Justice Committee has been discussing, behind closed doors, a new media law for years and this matter has been the key talking point of the newly appointed Information Minister during his recent meetings with various political parties.
I believe we’re fortunate to have a competent and highly accomplished new minister, but moving forward with this media law as it is will be a major faux-pas, as it still upholds criminal penalties for insults and defamation. The law has been analyzed thoroughly by the Center of Law & Democracy (For the UNESCO) and challenged by the Coalition to Defend Freedom of Expression in Lebanon.
Some of the recommendations include:
– Removing all articles that criminalize insults, including those directed at heads of state; public institutions, the army, and government and security officials;
– Removing any provisions that impose criminal sanctions on defamation and replacing them with civil provisions and ensuring that damages awarded are strictly proportionate to the actual harm caused;
– Providing that truth is a complete defense to defamation, regardless of whom the defamation is directed at. In matters of public interest, the defendant should only be required to have acted with due diligence to ascertain the truth;
– Not granting public figures, including the president, special protection from defamation or insult. The mere fact that forms of expression are considered insulting to a public figure is not sufficient to justify the imposition of penalties. All public figures are legitimately subject to criticism and political opposition, and the law should explicitly recognize the public interest in criticism of public figures and public authorities.
– Criminalizing only statements that amount to incitement to violence or advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence. The law should clearly define what is meant by each of these terms, using the Rabat Plan of Action as a guide;
– Removing the exclusivity of the media syndicate and all requirements for prior authorization of publications. Fees and conditions for allocation of frequencies for broadcast media should not be onerous, and the criteria for the application of these conditions and fees should be reasonable and objective, clear, transparent and nondiscriminatory;
– Appointing the members of the media independent regulatory body, which would oversee and regulate the operation of the media sector, on the basis of transparent criteria with participation from civil society. [Source]