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Lebanon

Journalists in Lebanon… Freedoms Violated by Security Summonses 

20/12/2023

Over the recent years, journalists in Lebanon have been victims of investigations and summonses that led to widespread backlash in media circles and society at large. Some argued that these summonses posed a threat to freedom of the press and freedom of expression in the country and did not fall within the Military Court’s competence, given that trials of journalists must take place before the Publications Court.

Journalist Riad Kobaissi, currently of Al-Jadeed TV, was first arrested in relation to his coverage of corruption in customs in 2013, but his case has never been brought to court. He says, “Until now, my case is still in the hands of the Military Court without a decision, so we can neither request a case review nor tell when it will be adjudicated.” Kobaissi is a 2023 ICFJ Knight International Journalism Award winner for his work exposing corruption at the highest levels, including surrounding the Beirut Port Explosion in 2020, and has won two awards given out by Arab Reporters for Investigative Journalism (ARIJ).

However, press freedom advocates were shocked when a journalist was sentenced to prison this year. On 10 July 2023, according to Maharat Foundation, the single criminal court judge in Beirut sentenced journalist Dima Sadek to one year in prison and fined her LBP 110 million (approx. USD $1,200) on criminal defamation, libel and insult, as well as for “spreading false news” and “inciting sectarian and racist tensions” after she criticised members of a political party on X.

In another of the most prominent recent cases, the Cybercrime and Intellectual Property Bureau summoned journalist Pascale Abou Nader on 20 June 2023 in connection with a libel and slander complaint filed against her. 

Earlier, the General Directorate of State Security in Lebanon also summoned journalist Jean Kassir, managing editor of the news website “Megaphone,” regarding an article headlined “Lebanon Ruled by Fugitives from Justice,” in which Kassir accused Ghassan Oueidat, Prosecutor General of the Court of Cassation, of obstructing the investigation into the Beirut Port explosion. It is worth mentioning that his summons was not duly carried out, as it was not served to his place of residence or work. Kassir was rather informed of the summons by two State Security officers who intercepted his car on 30 March 2023. That being the case, he did not present himself at the General Directorate of State Security, given that security agencies are not legally competent to interrogate journalists. Consequently, Kassir’s representative, Attorney Diala Chehade, attended the hearing on his behalf and submitted a request to “establish the immunity guaranteed to journalists under the Publications Law regarding their journalistic work,” as explicitly stated in the record.

These cases are nothing but a glimpse at the violations committed in Lebanon against journalists and activists, who are being arrested for expressing their opinions, summoned by text messages sent through the Criminal Investigations Division, and threatened to be referred to security agencies and the military judiciary.

The current report discusses the causes and motives behind these judicial decisions and sheds light on the resulting damage to the freedom of the press in Lebanon.

Previous Violations and Convictions

On 4 April 2023, the Syndicate of Lebanese Press Editors published its 2022 Report on the State of Press Freedoms in Lebanon, using a new methodology. Appendix (1) of the Report lays out the violations of freedoms by types of abuse, including physical attacks; assaults against media institutions, offices, and houses; arrests and investigations by the Cybercrime Bureau and security forces; coverage restriction; legal prosecutions, judicial sentences, and lawsuits; libel, slander, “insults,” and incitement; dismissal from work; threats and bullying on social media; deletion of social media posts; and sexual harassment.

Below are some cases of journalists who were subjected to abuses and violations during last year:

  1. The crew of “Lebanon and the World” website, including its editor-in-chief journalist Sarah Hammoud and photographer André Garabed, were beaten by Lebanese Army members while covering a protest (26/5).
  2. The Cybercrime and Intellectual Property Bureau detained activist Tarek Abu Saleh after questioning him over a social media post criticizing MP Faisal Karameh (24/1).
  3. Journalist Mohamad Awad was subject to interrogation over a post related to violence against women (10/1).
  4. The Criminal Investigations Division summoned Mohammad Nimr, editor-in-chief of GrandLB website (Lubnan Al-Kabir), following a complaint filed by the Presidency of the Republic regarding news posted on the website. However, he refused to present himself at the Division (11/3).
  5. Beirut Today correspondent Hanin Haidar was detained by security members of Bint Jbeil Municipality while carrying out her journalistic duties (25/4).
  6. The Central Criminal Investigations Division summoned journalist Nidal Al-Sabaa on Tuesday, 27 September 2022, following a “libel and slander” complaint submitted by Nader Al-Hariri. Al-Sabaa was questioned at the Palace of Justice in Beirut on Monday, 3 October 2022, over two tweets. The first mentioned “a secret visit by Al-Hariri and his mother, former MP Bahia Al-Hariri, to the State of Qatar; and the second referred to “ships and communications ‘chemistry’ between Al-Hariri and MP Gebran Bassil.”
  7. Security forces prevented the crew of Sky News Arabia, consisting of correspondent Salman Andary and cameraman Mohammad Hanoun, from going live from inside a polling station in Dekwaneh (15/5).
  8. The Public Prosecution initiated proceedings against television channel MTV and journalist Marcel Ghanem for “threatening state security and instigating confessional bigotry” in an episode of his show “Sar El Waet” [It’s About Time] (31/1).
  9. Tripoli Investigation Division summoned journalist Ghassan Rifi, deputy head of the Syndicate of Lebanese Press Editors and editor-in-chief of the news website “Safir Al Chamal,” following a lawsuit filed by Omar Harfouch in relation to an article published on the website in which Rifi questioned “the fate of a complaint that a civic group submitted against Harfouch accusing him of collaborating with the Israeli enemy” (15/1).

Challenges Faced by the Press in Lebanon

The freedom of expression and the freedom of the press are undergoing a shocking and unprecedented decline in a country that has always been perceived as the beacon of democracy in the Middle East. Several factors are behind this decline, including:

  1. Political pressure: Various parties and groups exert political pressure on independent Lebanese journalists to the point of impeding the full exercise of their profession and thus curbing their ability to convey information in a transparent and objective manner. Journalists are also targeted by harsh criticism for articles expressing opinions that are not in line with prevailing views.
  2. Financial pressure: Journalists face challenges to fund their projects and secure sufficient financial assistance, which affect the quality of journalistic work and the freedom of expression.
  3. Legal boundaries: Journalists find it difficult to navigate the military and civilian legislative frameworks, and are consequently vulnerable to detention and prosecution.
  4. Personal safety: Journalists are at risk of being threatened and physically or verbally assaulted by opposing parties or even government agencies.

The situation described above is due to the series of political and security events that have been unfolding in the country. For years, Lebanon has witnessed violent wars, terrorist explosions, and tensions between armed parties and factions.

In an attempt to curtail political and security tensions, journalists were rounded up in arrest, detention, and interrogation campaigns. Some officials also took advantage of these circumstances and abused their powers to protect their personal interests. 

Why Are Journalists Being Convicted by the Military Court?

The conviction of journalists by the Military Court can be traced back to several causes, including:

  1. Laws related to national security and state defence: The press is a means of sharing information and news, including those related to national security and state defence. Hence, laws were enacted to prosecute journalists who relay information that jeopardises national security and are consequently summoned to appear before the Military Court. 
  2. Political conflicts and wars in the region: For several years, Lebanon has witnessed political conflicts and wars raging in the region. As a result, journalists and media institutions have become vulnerable to pressures and threats by disputing parties and are accused of spreading information in favour of one party against the other.
  3. Laws on insulting political figures: Journalists run the risk of being accused of insulting political figures in Lebanon. In the same vein, they face accusations of inciting violence and discord and are in consequence referred to the Military Court.

Powers and Procedures of the Military Court

According to journalist Elsy Moufarrej, coordinator of the Alternative Press Syndicate in Lebanon, “The Military Court is, from a legal perspective, in breach of multiple principles and rules pertaining to the right of litigation including the rights of arrested persons and the role of lawyers, as well as principles related to litigation levels given that a person is deprived of one litigation level when convicted by the Military Court. Also, as civilians, journalists should not be tried by the Military Court.” 

The Military Court in Lebanon is governed by Lebanese law, under which it has jurisdiction over cases related to internal security and national security as well as those involving armed individuals and military personnel.

Trial procedures differ between the Military Court and ordinary courts. After a person suspected of an offence is detained, they are transferred to the competent military or security agencies where they are subject to interrogation. Then a file containing all relevant investigations, documents, and evidence is compiled.

The said file is subsequently submitted to the Public Prosecution who shall adjudicate the case or refer the accused to the Military Court. In the latter case, the Military Court either initiates trial proceedings or releases them on bail or under certain conditions.

Once the trial proceedings start, the accused and their lawyer are summoned before the Military Court, and the evidence and the statements of claim and defence and are presented to the Court by both parties.

Impact of these Procedures on the Freedom of the Press

From solitary confinement and prolonged pretrial detentions to arbitrary rulings and a limited ability to appeal, practices followed during the trials of journalists involve multiple violations of their rights. Nevertheless, Article 28 of the Publications Law stipulates that the Publications Court is the court competent to examine all cases related to publication crimes. Moreover, Article 29 of the same law explicitly states that, if the case requires judicial investigation, the investigating judge must carry it out “given that the reported act is legally classified as a misdemeanour, not a felony… A publication offence cannot be characterised in any case whatsoever as a criminal defamation offence.”

Journalist Arrests Leaving a Trail of Damage in Lebanon

With regards to the conviction of journalists by the Military Court, Moufarrej says, “The Alternative Press Syndicate organised several actions to condemn and protest against the trial of civilians in the Military Court as well as the summoning of journalists by security agencies.” She adds, “We, at the Alternative Press Syndicate, underscore the need to respect the Publications Law – despite its flaws – and preserve the immunity granted to journalists for their journalistic work, such as appearing before the Publications Court.” Moufarrej also points out to the fact that “the Syndicate has built broad coalitions with legal and international human rights organisations and endeavors to support and protect every journalist from any sort of humiliation or violence.”

Reforms

In the face of such reality, legal and general reforms constitute the strongest deterrent against the violations and Military Court convictions that Lebanese journalists are facing. “Legal reforms must entail the complete abolition of this court. And if it were to stay, litigation must exclude civilians and be limited to military personnel. As for journalists, they should not be tried by the Military Court, they should rather appear before the Publications court, as prescribed by the laws currently in effect,” explains Moufarrej.

In the same vein, the Syndicate of Lebanese Press Editors has put forward a number of recommendations in its 2022 Report on the State of Press Freedoms in Lebanon. In particular, it recommends the establishment of a supreme council or regulatory body for media which would exercise general supervision over the media sector in Lebanon in terms of requirements, management, and professional practices, including mainstream media outlets. Another recommendation suggests the enactment of a new media law that takes into consideration the overall fast-paced developments, reflects a forward vision for the future of the press, and regulates digital media while promoting it as a national asset that lends itself to and shapes a diverse public opinion and fosters development at the human, political, economic, social, and cultural levels.

Update to New Media Law:

In November 2023, the Lebanese Parliament’s Administration and Justice Committee held discussions on a new media law that the Coalition to Defend Freedom of Expression in Lebanon said would severely restrict freedoms of expression and the press in Lebanon. The draft law, which would replace the Publications Law of 1962 and the Audiovisual Law of 1994, must be approved by Parliament’s General Assembly to come into law. The draft law includes criminal penalties, with increased prison sentences and fines, for insults and defamation.

UNESCO made comments on the draft law which were reviewed by the Administration and Justice Committee in partnership with the Ministry of Information in 2023. According the Coalition, “UNESCO’s recommended amendments to the reviewed articles were dismissed.” The Coalition said on 28 November 2023 that “The Committee is set to discuss and vote on the remaining articles of the draft law in the coming weeks, including proposed amendments by UNESCO that would remove sentences for insult and defamation.”

This investigation was carried out by the Gulf Centre for Human Rights as part of the project to investigate impunity for crimes committed against journalists in the Middle East and North Africa region sponsored by UNESCO’s Global Media Defense Fund. For more information, click here.