Middle East

Arab defamation laws — major impediment to good journalism in Middle East

Libel and slander laws in the Middle East dramatically hinder good local journalism in the region. Such laws are perhaps second only to “insulting the ruler” charges in their ability squelch freedom of the press and speech. A recent incident in the United Arab Emirates demonstrates their devastating effect.

I wrote an article for Al Monitor about the case of a man who was arrested for recording a video of an Emirati man beating an Indian driver.

However, police also arrested the Indian man who recorded and uploaded the incident. The arrest came after the Emirati man’s family filed a complaint with police alleging an invasion of privacy as well as defamation. According to local reports, the man who videoed the incident actually faces more jail time than the Emirati attacker.

Defamation in the UAE — as well as the entire Arab world — differs from international legal norms in several substantive respects. First, it’s a criminal charge rather than a civil legal issue (jail time versus a financial settlement.) More importantly, truth is not a defense against defamation in the Arab world.

Such an approach has a crushing effect on anyone wishing to record a crime or journalists working to uncover corruption. The approach allows anyone behaving badly to win a defamation charge by simply showing that a true depiction of his actions damaged his reputation.

International legal norms hold that truth is an automatic defense against defamation charges. The approach ensures that the public benefits from the exposition of defamatory behavior. No one should be allowed to protect a reputation that they do not deserve.

I’ll be speaking more about this subject in Washington, DC, this weekend at the annual Association of Educators of Journalism and Mass Communication conference. Will post the slides for the presentation soon.

For more details on Arab defamation laws and other impediments to good Arab journalism, check out my Jadaliyya article, “Despite Arab Uprisings, Press Freedom Still Elusive.”

By | August 5th, 2013|Uncategorized|0 Comments

Despite Arab Spring, ‘culture of repression’ continues to undermine press freedoms in Middle East

Anyone looking for an overall picture of freedom of expression and the press since the Arab Awakening that started in 2011 may want to read my recent article published in Jadaliyya. The analysis examines the moves taken in Arab countries since the unrest around the region–particularly the legal actions taken by governments. The result is rather depressing, particularly from the countries that haven’t yet seen any political change.

Most of these countries use the following legal methods to intimidate journalists and social media activists: Criminal defamation, “insult the ruler” charges, laws against “false communication,” censorship to protect public order, and the licensing of journalists.  Years of government intimidation have created a “culture of repression.” Here’s the section about this issue:

But, perhaps the biggest limitation to Arab journalism (and, again, forgive me for speaking in generalities) is the effect of years of repression on the profession. Many journalists simply accept that they cannot do their jobs properly and have acquiesced to the situation. Others, who have been elevated to positions of authority in Arab newsrooms, have become adept at censoring the journalists under them. In countless discussions with journalists in the Arab world, I’ve heard that editors often do the jobs of government officials by killing the stories they sense may cause trouble.

In his book, “The New Arab Journalist,” Lawrence Pintak reveals many examples of self-censorship in the Arab world. An editor for a Saudi paper says “we know our limits and in a way practice self-censorship. There have been troubles when red lines have been crossed.” And an Egyptian reporter working for an Emirates newspaper said he had asked himself “two or three times what will be the reaction” before publishing an article. Another Gulf editor said it plainly: “Our press is infected with the self-censorship virus.”

The effect of this self-censorship is depressing. Perhaps some of the troubles of the Arab Spring—unemployment, government corruption, and stagnant economic growth—could have been addressed if the news media weren’t beaten down by government harassment. But, these issues were ignored by a timid Arab press and allowed to fester. Despite the proliferation of media outlets in some of these countries, the overwhelming stance is for the media to continue to tow the government line. One newspaper that challenged the status quo in Egypt, the Egypt Independent, sadly shut down earlier this year because it couldn’t stay afloat financially.

These broad criticisms refer to the local press in each country and how they cover their own government and business interests. Many press outlets provide laudable coverage of situations in neighboring countries. For example, The National in the United Arab Emirates closely covers arrests in Kuwait, Oman, and other Arab countries over freedom of speech issues. However, when reporting on arrests in its own country, the paper defers to government statements or muted trial coverage.

Fed up with the old media outlets that self-censor at home, many residents have turned to Twitter, Facebook, and YouTube to give and receive impartial and unfiltered information. The result was an explosion throughout much of the Arab world. Libya, Egypt, Tunisia, and Yemen have all seen their long-time autocratic rulers depart. The state-aligned local media could not protect them. And those countries that haven’t yet seen a change in leadership are worried about their future and keen to stop social media from evolving into a space for free expression. All of the Arab sheikdoms have made arrests for speech on Twitter—sending an important signal the people that they expect boundaries to be respected. Kuwait has arrested dozens of people on “insulting the Emir” charges, while the UAE has arrested scores of residents (mostly over what they said on social media platforms) and ultimately charged them with sedition. Even in Qatar–which hosts the Al Jazeera and the Doha Centre for Media Freedom–convicted a poet and sentenced him to 15 years in prison because of a poem in which he said that all Arabs lived under similar free speech conditions as pre-revolution Tunisians.

Please read the rest of the article–it includes a slew of hyperlinks to my sources.

By | June 19th, 2013|Uncategorized|2 Comments

On the occasional need for polemic writing

I’ve always remembered a quote from Flannery O’Connor, the great author from the American South. O’Connor wrote interesting tales fused with themes of ethics and morality. Her characters often struggled with prickly issues of the Civil Rights era like prejudice, racism and the waning influence of religion. Often, her stories would take a dramatic twist at the end that would shock her audiences. In the short story “A Good Man is Hard to Find,” for instance, a genteel family on a road trip are murdered by nihilist criminals on the final page.

Her quote occurs to me whenever I read or see anything that people respond to with shock and disbelief. She told an interviewer once:

When you can assume that your audience holds the same beliefs you do, you can relax a little and use more normal ways of talking to it; when you have to assume that it does not, then you have to make your vision apparent by shock — to the hard of hearing you shout, and for the almost blind you draw large and startling figures.

I thought of her words again today when I read Mona Eltahawy’s article “Why do they hate us?” which details her perception of the mass mistreatment of Arab women.

By | April 24th, 2012|Uncategorized|0 Comments