Breaking the Chains

International Federation of Journalists
BREAKING THE
CHAINS
Arab World and Iran
Press Freedom Report
3 rd May 2007
CONTENTS
Introduction
Algeria
Bahrain
Egypt
Iran
Iraq
Jordan
Kuwait
Lebanon
Libya
Morocco
Oman
Palestine
Qatar
Saudi Arabia
Syria
Tunisia
United Arab Emirates
Yemen
2
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.”
Universal Declaration of human rights, Article 19
The Covenant allows derogations on this right for the protection of national security, public order (Article 19-3/b) and in
a situation of "a public emergency which threatens the life of the nation….to the extent strictly required by the
exigencies of the situation." (Article 4-1).
Introduction
Across the Middle East today the people of Arab countries and Iran face the future with
deep uncertainty. In many countries they struggle to embrace the potential benefits that
come with economic and social development. They witness how, in many other regions,
incremental increases in the quality of life are emerging as the global economy drives
social, economic and political change – including democratic pluralism and media
freedom.
But that is not happening in the Middle East where societies are trapped in old-fashioned
political structures, people are denied basic liberties, including freedom of speech, and
where legal obstacles to open and transparent government hinder the march of progress
and reform.
Even worse, extremist threats, political intimidation and political conflict have created a
dangerous environment for all journalists in the region.
The global crisis of violence against journalists is most intense in this region.
Unprecedented levels of killings of journalists and media staff reached a peak in 2006
with 155 deaths. On December 23, for the first time, the United Nations issued a
statement condemning targeting of journalists and calling for prosecutions of their killers.
Seeking to silence moderate opinion, radicals attack reporters everyday. In many Middle
Eastern countries, conflicts and internal political battles have become useful
smokescreens for governments trying to crackdown on journalists. State of Emergency or
the country’s security, are standard alibis to justify the jailing of media workers.
All of this adds to the woes of a region that is desperate for peace, stability and
democratic reform. But democracy will not come to the Middle East nor economic
prosperity unless the people become more directly involved in the process of change.
That means more open government, more pluralism in politics and the press, and more
engagement in the public information space by citizens at all levels.
3
To achieve that will not be easy, but a start can be made by repealing all of the bad laws
highlighted in this report. Writing about politics, social, religious, or economic issues, in
a tense global environment requires sensitive and careful handling, it does not imply
muzzling public debate. One key demand is to eliminate imprisonment as a radical
sanction used to intimidate journalists and to silence independent media.
In a 2003-42 resolution, the United Nations High Commission for Human rights “Calls
upon States to refrain from the use of imprisonment or the imposition of fines for offences
relating to the media which are disproportionate to the gravity of the offence and which
violate international human rights law.”
It is time to go further. This report urges a general decriminalisation of press offences and
appeal against arrest, disproportionate fines, kidnappings and torture of media employees
and employers.
Breaking the Chains is a joint initiative of the International Federation of Journalists and
the Federation of Arab Journalists. The campaign launched through this report reflects an
unprecedented expression of unity from within journalism throughout the Arab World
and Iran.
This report lists the main legal obstacles to freedom of speech in the Arab World and Iran.
It also records recent cases of sentenced and jailed journalists. It is not exhaustive. We
mention cases of journalists being arrested illegally for few hours to few days, or those
unlawfully held in prolonged pre-trial detention. These cases give a flavour of the
conditions journalists work in. Together with legal assaults based upon bad law they
create an intolerable atmosphere of intimidation and fear that currently accompanies the
exercise of journalism through the region.
It is time for change. Journalism and free expression depends upon it, but just as
important, without urgent and lasting reform and the creation of open societies across the
region from the Maghreb to the Persian Gulf millions of people will continue to be denied
a peaceful and prosperous future.
Aidan White
General Secretary, International Federation of Journalists
Salah Hafez
General Secretary, Federation of Arab Journalists
4
ALGERIA
► Overview
In November 2004 the IFJ re-opened its solidarity center with the National Syndicate of Journalists (SNJ)
to campaign against the rapid growth in prosecutions of journalists that culminated in the jailing of
Mohammed Benchicou in July 2004. The campaign helped raise public and international awareness of the
lists of journalists being prosecuted under Article 144 of the Penal code.
In June 2006 Mohammed Benchicou, director of former daily Le Matin was released after serving his full
two year sentence. On July 5th, a presidential amnesty was granted to 200 journalists convicted of
defamation of which 18 were appealing against prison terms. However, journalists involved in
ongoing prosecutions for defamation were ineligible for pardon. And during the year, at least 70 new
press-related cases were tried and at least 17 journalists given jail sentences.
In January 2007, during a regional meeting of IFJ affiliates in the Arab world the IFJ and SNJ called on the
government to fully decriminalize defamation by erasing the article 144 of the penal code. The IFJ
General Secretary met with the Algerian Minister for Information who offered to consider the issue. The
Syndicate currently works closely with the Algiers Legal Bar in defending journalists in court.
Legal Context
The constitution guarantees freedom of speech and prohibits arbitrary arrest and detention.
However, a series of legal measures significantly limit these guarantees. In the frame of the national
peace and reconciliation charter, a February 27 th decree was enacted providing for up to five-year
prison terms and fines for those who speak or write to “exploit the wounds of the national tragedy,
tarnish the country’s international image or its officials’ reputation”. The wording maintains the
danger of legal abuse first established in 2001, when the Penal Code (1990 law) was amended to
strengthen sentences of press offences.
The law provides for jail terms for offending religion through writing, cartoons, or speech, (up to five
years jail terms and €1,300 fine - article 144 bis2); for offending the parliament, officials, judiciary
authorities or armed forces (up to two years jail sentences and €6,500 - art 144). Article 144bis
provides for up to one year jail sentence and €3,000 fine, for anyone who offends the President of the
Republic…” In case of repetition of the offence, sentence is doubled. Art. 144 bis1 exposes the editor and
author of the offence to up to one year imprisonment terms and €3,000 fine, and the newspaper up to
€30,000 fine. In case of repetition of the offence, the sentence is doubled.
The state of emergency decree allows legal action against what is considered as threats to the state
or public order. Persons charged with acts against the security of the state, may be held in pre-trial
detention for up to 20 months, according to the Code of Penal Procedure. Although defined as an
exceptional measure by Article 123 of the Penal Procedure Code, pre-trial detention is often used.
► Cases
Name
Media
Position
Facts
Omar
Belhouchet
Al Watan
Managing
Editor
25.12.2006, Jijel court sentenced the editor and columnist to 3
months imprisonment and €11,000 fine in their absence for naming a
senior official in a June article exposing corruption. Both appealed
their sentences and were not detained.
Chawqi
Amari
Journalist
5
Salah
Mokhtari
Djazair
News
Journalist
18.12.2006 the journalist was arrested and only released on Dec
26th. Four arrest warrants were issued for Mokhtari between 2004
and 2005 on defamation charges, for articles published in the weekly
El-Kawalis, where he used to work.
Arezki
Larbi
Le Figaro
OuestFrance
Correspondent
Nov.2006. Ait-Larbi’s passport renewal was denied on the basis of until then unknown - a six months jail sentence given in Dec. 1997.
Ait-Larbi had written an article criticising the indifference of the
authorities to prisoners’ torture in Lambese prison.
EchChourouk el
Youmi
Managing
editor
31.10.2006 both sentenced in Algiers to six months in prison and
€220 fine, for defaming Libyan president Gaddafi. The paper was
suspended for two months and fined €5,500. On 21.03.2007, the
prosecutor called for a one-year prison sentence and €5,500 fine
against the two journalists and a one-year ban on the newspaper.
Appealed, the sentence on 04.04.07 was turned into a suspended
jail term of six months and a fine of € 60. The appeal court also
Ait-
Ali Fodel
Naila
Journalist
rejected the prosecutor’s request for the newspaper to be
suspended for a year.
Mohammed
Benchicou
Le Matin
(former)
Managing
editor
June 2006, freed after two years imprisonment. Sentenced for
violating foreign exchange controls, he had during the 2004
presidential campaign, published a book criticising the national
leader. The paper shut down that year, auctioned off to pay all tax
and printings debts.
28.06.2006, condemned in Algiers to a six months jail sentence and
a fine of €3,000 for defaming the president of the Republic. The
newspaper was fined €17,000.
Farid Alilat
Liberté
Director
(former)
Mourad
M’hamed
El Khaabar
Journalist
01.04.2006, subjected in Algiers to "heavy questioning" for several
hours for an article about the Salafist Group for Preaching and
Combat. Tried in July with releasing dangerous information to
national security, he was acquitted.
Hakim
Laalam
Le Soir
d’Algérie
Journalist
03.03.2006, sentenced in Algiers to a six months jail term for
outrage to the President of the Republic.
Kamal
Bousaâd
Berkane
Bouderbala
Kamel
Amarni
Fouad
Boughane
m
Panorama
Director
Essafir
Errisala
Le Soir
d’Algérie
Editor
20.02.2006, both journalists were imprisoned, for reprinting the
Danish cartoons of the Prophet Mohammed, on a Ministry of
Communications complaint. They were released on March 15.
Journalist
SNJ GS
Chief editor
15.02.2006, The case is linked to 2004 articles exposing benefits
given to employees of an industrial firm in the west, during the
presidential campaign. Fouad Boughanem was sentenced in Oran to
one-year prison term with suspension of execution and a fine of
€6,000. Kamel Amarni was given a two years prison sentence.
Ali Dilem
Liberté
Cartoonist
Bachir
Larabi
El Khabar
Correspondent
11.02.2006 condemned to a one-year jail sentence and a €600 fine
for a dozen cartoons portraying the president, published in 2003. The
journalist’s jail sentences total 9 years. On Feb. 10, after
broadcasting the same caricatures, Lotfi Cheriet, general manager of
Canal Algérie TV and Houria Khatir, Thalita TV channel’s director were
demoted.
21.01.2006, Sentenced to one-month in jail for a 2003 article
revealing embezzlement of Al Bayadh administration (West). In the
same case, Ali Djerri, director of the newspaper, was fined €600.
6
BAHRAIN
► Overview
There is currently no professional electronic press in the country, or legal framework to regulate this
sector. Blogs have been the main target of official pressures this year. The only Internet service provider in
the country is government-owned Batelco and the government has blocked a number of websites, mainly
of political content. A 2005 Ministry of Information decree demands that webmasters and moderators of
sites broadcasting information on Bahrain must register with the Ministry and holds them responsible for
all online-posted content.
The Bahrain Journalists Association is relatively young having been founded in 2000. It represents the
broad range of media and is predominantly concerned with protecting press freedom and defending
individual journalists from prosecution through legal assistance, public protests and lobbying.
It is active in helping draft the new media law lobbying for over 40 amendments to the original. It has
proposed recognition of electronic media in the new law, its statute, rights and obligations. It also
monitors the introduction of Bahrain’s new labour law, which will enable it to transform to a trade union
and defend journalists working as well as professional rights.
Legal Context
Press Law 47, passed in 2002 includes 17 categories of offences and provides for up to five years
imprisonment for criticising the state's official religion, the king and inciting actions that undermine state
security: articles 160, 161 and 168, prescribe prison sentences for up to five years for possessing or
disseminating thoughts and ideas that insults Islam, criticise the Monarchy or could "damage public
interest".
In addition, the law allows fines of up to €6,000 for 14 other offences, including publishing information
related to any case that is under investigation or being tried, reporting any offence against the head of a
state that maintains diplomatic relations with the country or its accredited representatives, etc. Additional
restrictions to press freedom came with the anti-terrorism law enacted in August 2006.
► Cases
Name
Media
Position
Facts
Hussein
Mansour
Al
Mithak
Daily
Journalist
04.10.2006, the Supreme Court banned the reporting of any
news, or information related to the report or the legal case against
al-Bandar opened after the latter’s report of electoral irregularities.
In connection to this case, the journalist was subject to heavy
intimidation throughout the year.
Ali
Abdulemam
Bahrain
Online
Blogger
27.02.2006, the moderator was arrested for “inciting hatred
against the regime”. Bahrain Online, forum to political, social and
religious issues, is banned since 2002. On March 1 st, the two
webmasters were also arrested. The three staged a hunger strike
to demand better prison conditions in Manama’s Al Hoora prison.
Mohamed
Al Musawi
Hussein
Yousef
Mansour alJamry
Blogger
Blogger
Al-Wasat
Editor in
chief
In 2003 the editor was fined and sentenced for publishing
information about an ongoing investigation of a locally-based
terrorist cell. The Constitutional Court, seized on appeal, upheld
the constitutionality of the laws and sent the case back to the High
Criminal Court. At year's end, a decision on the case was still
pending.
* For complete information about legal cases against journalists, please consult BJA 2006 Press Freedom
Report.
7
EGYPT
► Overview
If self-censorship remains standard in the traditional press, journalists and citizens expressed their
views on a wide range of political and social issues through a growing number of privately owned
publications. This came with a number of lawsuits and attacks against journalists and bloggers. In
2006, the courts tried a number of libel cases, filed by government officials. According to the
Egyptian Organization of Human Rights, 52 journalists have been prosecuted during the last two
years.
Many journalists, bloggers and peaceful demonstrators who were detained under these provisions,
alleged mistreatment while in detention. Egypt signed the International Covenant on Civil and
Political Rights a quarter of a century ago.
As a long time established and recognized institution (set in 1941), the Egyptian Syndicate of
Journalists, has been engaged in the defence of Press freedom, through its Freedoms Commission.
The union consistently supported member journalists or newspapers against the charges unfairly
brought against them, and reports yearly on these activities. Its voice is of real impact in the longterm process of reforming press related provisions in the Emergency law and Penal Code.
Legal context
The constitution provides for speech and press freedoms. However, law and jurisprudence restricted
these rights. On April 30, state of emergency, applied since 1967, has been extended until May
2008. The Emergency law authorizes censorship, banning of specific issues and incommunicado
detention for prolonged periods.
The government blocked access to some sites and screened the Internet. On June protests raised
against a Ministry of Communication and Information decree asserting the government's right to
block, suspend, or shut down any Web site deemed to threaten national security.
Furthermore, on July 10th 2006, Egypt’s National Assembly amended sections of the Penal Code
governing the press. Signed by the president in January 2007, the law provides up to five years in
prison for journalists convicted of slandering a foreign head of state and conserves articles that
allow for detention of "whoever affronts the president of the republic" and journalists whose work
"disturb public security or harm public interests." Under the law , embassies may bring suits against
Egyptian journalists by writing a letter to the Egyptian Ministry of Foreign Affairs, which may assist them
in bringing charges against the journalist.
Penal Code - Media Offenses articles 171- 201.
The code provides for fines and jail terms for deliberately diffusing news, information/data calling for the
change of the constitution or the public institutions (174, up to five years), offending public morality
(178, up to two years and €1,400), vilifying the president of the Republic (179) or the king/president of a
foreign country (181), or its representative in Egypt (182, up to one year), the parliament or the army
(184).
Article 188 provides for up to one-year imprisonment pain for whoever “deliberately diffuses false news,
tendentious rumours, or publicity that disturbs public security, spread horror among the people, or cause
harm public interests. Art 178 and 190 hold editors-in-chief and publishers found to be negligent
responsible for libels contained in their newspapers.
8
►Cases
Name
Media
Adel
Hammouda
Sawt
Umma
Essam Fahmy
Ibrahim Issa
Al
Al-Dustur
Position
Facts
Journalist
21.03.2007: journalist and editor were convicted for
defamation against Naguib Sawiris, president of Orascom,
an important Egyptian telecommunications group. The
decision has been appealed.
27.02.2007, appealing a one-year imprisonment decision,
they were sentenced in Cairo to €3,100 for “insulting the
President” and “spreading false rumours.” Charges stem
from an article reporting a lawsuit against senior officials.
Editor
Editor
Sahar Zaki
Journalist
∆*
Kareem Amer
Blogger
22.02.2007, sentenced in Alexandria to four years in
prison on charges of disparaging religion (3 years) and
defaming the Egyptian President (one year). This decision
will be appealed.
Howayda Taha
Matwali
Al-Jazeera
TV
Producer
27.01.2007 Tried for “harming national interest” in a
documentary exposing torture in Egypt. Detained for 24
hours early January, Taha was released after paying bail of
€1, 400. the second of May, she was condemned to a six
months jail sentence and a fine of €1,400.
Muhamed
El Sharkawy
Kefaya
Blogger
Wael Ibrashi
Sawt Al
Umma
Editor
Abdel
Hakim
Al Shami
Banned
Afaq
Arabia
Editor
25.05.2006,
the
journalist,
along
with
others
demonstrators was arrested, during a gathering outside
the Journalists' Syndicate in Cairo to mark the one year
anniversary of the May 2005 referendum-day violence. El
Sharkawy reported having been tortured and sexually
assaulted during his detention. In November, the Egyptian
Initiative for Personal Rights, supported by other human
rights NGOs, petitioned the African Commission for Human
and People's Rights, to examine the case.
24.05.2006 Judge Seddiq Borham pursued libel charges
against the three journalists, but eventually dropped the
case in November 30 after Egypt's highest court annulled
the parliamentary results Borham had supervised, due to
fraud.
Hamada
Abdul-Latif
Al-Karama
Correspondent
Al-Dustur
Journalist
Hussein
Mohsen
Turkish
television
Cameraman
Mohammed AlDaba'
Al Jazeera
Journalist
Lina
Ghadban
Al Jazeera
Journalist
Yasser
Seliman
Al Jazeera
Journalist
Nasr Youssef
Al Jazeera
Journalist
Hoda Abu Bakr
Abeer
Askary
Al-
Al-
Reporter
21.05.2006, detained for four days for shooting without
permission the eviction of farmers at dekernis, 150km from
Cairo. In the same incident police detained Al-Tagammu
newspaper
correspondent,
Beshir
Sakr,
French
photographer J-C Aunos (Gamma), French journalist Olivier
Boneel (Ouest-France), Swiss Gregoire Durus, Belgian
Thomas Gadisseux.
11.05.2006 arrested and physically attacked while
covering a demonstration at the Cairo Lawyer's Syndicate
building.
11.05.2006,
detained
in
connection
with
May
demonstrations in support of judicial independence in
Cairo.
11.05.2006,
detained
in
connection
with
May
demonstrations in support of judicial independence in
Cairo.
11.05.2006,
detained
in
connection
with
May
demonstrations in support of judicial independence in
Cairo.
11.05.2006,
detained
in
connection
with
May
demonstrations in support of judicial independence in
Cairo.
11.05.2006,
detained
in
connection
with
May
demonstrations in support of judicial independence in
Cairo.
9
Nada
Qassas
Al-
Al-Mawqif
Al-Araby
Journalist
Osama
Nabi
Abdel
Al-Masry
Al-Youm
newspaper.
Photographer
Hussein Abdul
Ghani
Al-Jazeera
Cairo
bureau
Chief.
Amira Malash
Alfajr
Journalist
Abdel Nasser
Al-Zoheiri
Almisry
Alyoum
Journalist
Yousef AlAoumi
Journalist
Alaa Alghatrifi
Journalist
07.05.2006,
demonstrations
Cairo.
03.05.2006,
demonstrations
Cairo.
detained
in
connection
with
May
in support of judicial independence in
detained
in
connection
with
May
in support of judicial independence in
27.04.2006, arrested in Dahab, after mistaken news
report of a clash between security forces and terrorists in
Sharqiya. The release was retracted the same day.
Charged with reporting "false information likely to harm
the country's reputation", the journalist was released after
paying bail of EGP 10,000.
10.03.2006 sentenced to one-year imprisonment for
defamation, for a 2005 article, exposing judge Mohammad
Awad. The case ended by reconciliation.
23.02.2006, a Cairo criminal court upheld the April 2005
conviction and one-year prison sentence of Abdel Nasser
al-Zuheiry for libelling Mohamed Soliman, former minister
of housing. The court overturned prison sentences of
Youssef Al-Aoumi and Alaa Al-Ghatrifi, but upheld fines of
EGP 10,000. On March 3, Soliman withdrew his defamation
complaint against the three journalists.
IRAN
► Overview
In Iran, throughout the year, an increase of a number of pressures on media was observed. At least 35
journalists were arrested. Radicals physically attacked media staff and ransacked their outlets.
In an extremely tense context, the Association of Iranian Journalists (AoIJ) developed a range of initiatives
to support financially families of arrested journalists, provided for legal assistance for charged journalists,
publicly stood for arrested or illegally fired journalists and banned newspapers. It thoroughly addressed
the Ministry of Islamic Guidance and Culture and responsible authorities for journalists’ harassment or
prosecutions and held a number of public sessions and protests sit in.
On the 4th of March 2007, 33 women were arrested, 22 of them journalists while demonstrating outside
the Revolutionary Islamic Tribunal in Tehran in protest against criminal charges brought against five
women who organized a women’s demonstration in June 2006 (Fariba Davoodi Mohajer, Shahla Entesari,
Noushin Ahmadi Khorassani, Parvin Ardalan and Sussan Tahmasebi). On 6th, 7th and symbolic 8th of March,
30 among the 33 journalists and women’s rights activists held in Evin prison north of Tehran were
released. Today, three of them, along with other journalists, men and women are still jailed.
Legal context
The main sources for the regulation of the media are the Constitution, the Press Law and the Penal Code.
The constitution guarantees press freedom as long as “fundamental principles of Islam” and “the rights of
the public” are respected (Art 24). As per article 168, "political and press offences will be tried openly and
in the presence of a jury in courts of justice.
The 2002 press law provides up to one year imprisonment for undertaking “any form of propaganda
against the state". It also forbids any offences against the country’s leaders or clerics. Article 6 forbids
publishing material that "creates divisions among the different strata of society," or "harms the bases of
the Islamic Republic." Crimes against the state or insults toward Islam expose their authors to death
penalty.
Article 34 requires that press offences should be prosecuted in a general court before a specially
constituted press jury. Press courts can impose criminal penalties on individuals as well as to order
10
closures of newspapers and periodicals (articles 12 and 36). A Council within the Ministry of Culture and
Islamic Guidance initiate prosecutions, and is empowered to refer cases to the press court.
However, Islamic Revolutionary Courts who normally only deal with major crimes, have been seized to
prosecute publishers, editors and journalists for their press activities, in contradiction to the constitution's
stipulation in article 168. Empowered to try "any offence against internal or external security", their
procedures allow them to hold defendants for indeterminate periods of time. Proceedings are held in
secret, and the defendant has no right of access to counsel: this is in contradiction with the International
Covenant on Civil and Political Rights Iran ratified in 1975.
► Cases
Name
Media
Position
Facts
Sarmayeh
Journalist
26.03.2007, the journalist was sentenced by a Tehran
revolutionary court to three years in prison and a fine of
≈€ 50,000 on a charge of spying. Arrested on
Ali Farahbakhsh
27.11.2006 on return from abroad, he has been held
incommunicado for 40 days, until the association of
journalists revealed the case.
Mansur Teyfuri
Ashiti
weekly
Mohamad
Bagher Abassi
Samali
Salam
Jonob
weekly
Zanan-e Iran
www.raahi.
org
Journalist
and
lawyer
Mahboubeh
Abbasgholizadeh
Zanan
Magazine
trimestriel
Chief
editor
∆
Zhila
Yaqoub
www.irwomen.
com
Journalist
∆
Kia Jahani
Kurdistan TV
Journalist
∆
Adnan
Hassanpour,
Asou
Journalist
∆
Kaveh
Javanmard
Karfto
Sanandej
Journalist
18.12.2006, arrested at home by Ministry of Intelligence
agents, he is still held at Sanandej prison without being
charged.
Ako Kurdnasab
Karfto
Journalist
16.12.2006, arrested while covering elections for the
municipal government in the Kurdish north, he was freed
on bail on 03.01.2007.
Shadi Sadr
Bani
12.03.2007, arrested in the Marivan region near the
border with Iraq/ details: he was 19 days in jail in and
then released. He is waiting for trial.
11.03.2007, arrested in Bushehr for insulting the
prophet and Islam. The newspaper has been closed
down since his arrest. He Still is waiting for trial.
04.03.2007, arrested during a peaceful demonstration for
women’s rights. Director of Raahi, a legal consulting center
for women, she launched Zanan-e Iran (women of Iran),
the first website dedicated to the work of Iranian féminists.
As a lawyer she defended the cases of several women
activits and journalists, whose sentences to death, were
overturned. Held at Evin prison for 2 weeks, she has been
released after a hunger strike. She is still is waiting for trial
04.03.2007, arrested during a peaceful demonstration for
women’s rights. She played a key role in the «Stop Stoning
Forever», campaign launched in September 2006 to abolish
stoning sentences in Iran. In November 2004, she was
imprisoned for a month for her human rights activities.
Held at Evin prison for 2 weeks, she has been released
after a hunger strike. She is still is waiting for trial.
04.03.2007, arrested during a peaceful demonstration for
women’s rights. She was on January 2007, acquitted from
the charges of «participating to an illegal demonstration»
brought against her after the meeting of the 12th of June
2006. Detained at Evin prison.
24.02.2007, the journalist was arrested at Marivan
western Iraqi border. No charges have been brought
against her so far.
25.01.2007, the journalist was arrested in front of his
home. Asou has been suspended since 2005 for its
articles about the situation in Iranian Kurdistan.
11
∆?
Shirko Jahani
Euphrates
News agency
Journalist
M. Boumand
Safir
Dashtestan
Publisher
Payam-eJonob
Weekly
Rojeh Halat
Journalist
Iran’s
Daily
Editor-inchief
Hossin Rouin
Hossin Shakery
Ferhaad
Aminbor
Reza Alipour
Saman Solimani
Mehrdad
Qassemfar
Editor
Journalists
Mana Neyastani
Cartoonist
Nushin Ahmadi
Khorassani
Journalist
Akbar Ganji
Arash Sigarchi
Rah-é-No
weekly
Editor
Freelance
27.11.2006, arrested for giving interviews to foreign
media, on human rights in Kurdistan. He refused to pay
bail of 5 million tumen (≈€5,500) and began a hunger
strike in protest. At the end of the year he was still in
Mahabad prison (Northwestern Iran).
16.10.2006, the pro-reform weekly was closed. Its
publisher and editor, arrested in Bushehr for a satirical
article about the Supreme Guide, were later freed on bail.
14.10.2006 charged and imprisoned in Bushehr for
“disturbing the peace”, he was freed a few days later on
payment of a of 100 million rials (≈€9,000) bail.
12.10.2006, arrested at the newspaper’s office in
Sanandaj - Kurdish part of Iran - for few days, for “actions
against national security.” They were released after paying
50 million rials (≈€4,400) in bail.
13.06.2006 both journalists were referred to the Islamic
Revolutionary Court, for “inciting ethnic unrest”, after a
Neyestani cartoon raised violent reaction of the Azeri a
Turkish-speaking minority of north-western Iran. Arrested
in May, the two of them were released after two months.
Mana has left the country.
12.06.2006 imprisoned for participating to a women’s
demonstration in support of reform of laws that
discriminate against women in Iran. Charged for “damaging
public order and security”, and “publicity against the
Islamic Republic”, she was freed on 8th of March.
18.03.2006, the editor was freed after spending six years
in prison for “undermining state security”. He had been
kept in solitary confinement and staged a hunger strike for
more than two months in 2005.
26.01.2006, the former editor of the daily newspaper
Gilan-e-Emruz, was sentenced on appeal to three years in
prison, on several offenses, among which propaganda
against the Islamic Republic in his online blog. He was
released due to health problems.
Among the 33 women, journalists and human rights activists arrested on the 4 th of March 2007, 30 were
freed on the 6th, 7th, and 8th of March:
-
-
-
-
Nasrin Afzali, online journalist.
Noushin Ahmadi Khorassani.
Zara Amjadian, journalist (www.we4change).
Asieh Amini, journalist (varesh.blogfa).
Elnaz Ansari, journalist (www.we4change and Zenestan).
Parvin Ardalan, journalist.
Parastoo Dokuhaki.
Farideh Entesari.
Nahid Entesari.
Shahla Entesari.
Somayeh Farid.
Azadeh Forghani.
Niloufar Golkar.
Fatemeh Govarai, journalist.
Maryam Hosseinkhah, journalist (www.we4change).
Mahboubeh Hosseinzadeh, journalist (kharzar.blogfa).
Sara Imanian.
Nahid Jafari, journalist (www.we4change).
Jelveh Javaheri, journalist (www.we4change).
Nahid Keshavarz, journalist (www.we4change and Zenestan).
Sagher Laghai, online journalist (meydaan.com).
Saqi Laghai, online journalist (meydaan.com).
12
-
Sara Loghmani, (meydaan.com).
Maryam Mirza.
Rezvan Moghaddam.
Mahnaz Mohammadi.
Marzieh Mortazi Langaroudi.
Zeinab Peyghambarzadeh.
Parastoo Sarmadi.
Sussan Tahmasebi.
IRAQ
► Overview
In 2006, the killing of 69 journalists and media workers, many of them targeted by warring factions,
symbolized the fall of a country into a sectarian battle. Hundreds of dailies and weeklies and dozens of
radio and television stations at the national, regional, and local levels operated in these circumstances.
Government efforts to bring safety to the country came with pressures on the media, held responsible of
“inciting violence” and “stirring up religious and ethnic passions”. Journalists are regularly detained and
arrested by Iraqi security forces and the US military. Self-censorship is common-place, as a result of the
extreme threats and other pressures.
In this state of occupation, civil and sectarian war, the Iraqi Journalists Syndicate (IJS) is absorbed by two
major challenges; struggling to remain above the sectarian divisions threatening to tear the country apart,
and helping Iraqi journalists to protect themselves from the fatal attacks and kidnapping that is crushing
Iraqi media community.
The IJS had to re-establish its credibility following the fall of Saddam Hussein, under whose reign it was
led by his son Uday Hussein and was used to control journalists. Since then it has gone through a process
of reform becoming the first trade union in the country to win official government recognition in January
2007.
In the North, the Kurdish Journalists’ Syndicate (KJS) is able to work in a much more settled environment
and has an effective capability to defend journalists’ interests including strongly influencing media
legislation, promoting independent journalism and press freedom.
Legal context
The October 2005 Iraqi Constitution, approved by referendum, protects freedom of expression, in the
limits of morality and public order. However restrictions on these rights are permitted if provided for by
law, as long as they do not undermine the essence of the right.
The Press law, if authorized by the prime minister, provides for up to seven years imprisonment for
publicly insulting the government, the national assembly or public authorities. It prohibits publishing
stories that libel public officials and incitement to violence and civil disorder. In practice, the law was
actively used against media workers. Under this provision, the Council of Ministers voted on September 7
to close the offices of Al-Arabiya television network for one month. Weeklies Hawlatee and Awena and
Radio Nawa, among the few independent media that cover government and party, were subject to
frequent criminal prosecution on libel charges and intimidation by political party officials.
► Cases
Name
Media
Position
Facts
13
∆ Rabiaa
Abdul Wahab
∆ Ali Burhan
Dar Al Salam
radio station
Dar Al Salam
Journalist
Ahmad
Ali
Hamas
alObaidi
∆ Bilal Hussein
Dar Al Salam
Journalist
Journalist
26.10.2006, the US army arrested the two
journalists, for their suspected links with armed
groups. There is a lack of transparency on the
reasons of this arrest and the conditions of their
detention.
05.08.2006, arrested at his Baghdad home, for his
suspected links with armed groups.
The Associated
Press
Freelance
Photographer
12.04.2006 Taken into custody by U.S. forces in
Ramadi for “imperative reasons of security” and held
without charge or evidence on the accusation of
involvement in the kidnapping of two journalists in
Ramadi. Hussein shared a 2005 Pulitzer Prize with
other AP photographers for their work in Iraq.
JORDAN
► Overview
In Jordan, 2006 saw noticeable progress in the press industry with the emergence of new publications
and broadcasting stations. According to the Arab Archives Institute, since liberalizing the airwaves in
2002, Jordan has issued 12 radio licenses. The constitution provides for freedom of speech and press.
However, several legal mechanisms allow the government to impose restrictions on these rights.
Legal context
Article 35 of the 1999 Press and Publications Law gives the Prime Minister the right to withhold publishing
any printed material. Journalists may be prosecuted before the State Security Court for criminal and
security violations.
Until March 2007, journalists faced imprisonment if their publications were considered “harmful to the
country’s diplomatic relations” or tarnished the royal family. According to the Penal Code, "Insulting the
king” and “stirring sectarian strife and sedition” exposes its authors to three years in prison and a fine of
€600. Citizens may be prosecuted for slandering the government or foreign leaders, and for offending
religious beliefs.
A reform of the Press and Publications law, presented to the lower house in January 2007, although
enacting long awaited measures, had triggered condemnation from local media, and opposition parties.
The bill reduced the number of restrictions on the content of what may be published and eliminated the
possibility of closure of publications as a criminal sanction. It abolished imprisonment for press offences,
and yet, referred to other pieces of legislation, indirectly providing for journalist’s imprisonment, if they
"defame any religion protected under the constitution", "offend the prophets", "insult to religious
sentiments and beliefs, fuelling sectarian strife or racism," or "libel" any individual.
Approved as a whole on March 4th, by the lower house, the controversial clause calling for journalists to be
jailed for certain "publication offences” was scraped by the parliament on the 21 st of March 2007. The
Jordanian Press Association has played, on a national level, a significant role in this achievement.
The Prevention of Terrorism Act enacted on November 1 st was criticized as limiting free speech and
leading, through its broad definition of terrorist speech and opinion to arbitrary arrests. However, the
government has not to date used the Act.
►Cases
Name
Tammer
Smadi
Media
Position
Facts
Al-Sabeel
Journalist
April 2006, the reporter and a photojournalist from the
same publication were detained for several hours for
covering a street protest organized by an Islamist
organization.
14
Hisham
alKhalidi
Jihad Al
Momani
Shihan
Weekly
Editor
Al-Mehwar
Weekly
Editor
February 2006, the editors were arrested for reprinting the
Danish cartoons. Al-Mehwar printed them alongside an
article about criticism of their publication. They were
however charged for "attacking religious sentiment" and
given two-month prison sentences on 31 May. They were
later released on bail.
KUWAIT
► Overview
The constitution provides for speech and press freedoms, in the limits defined by national laws. On the 6 th
of March 2006, the parliament passed a new Press and Publications law that eased the process of licensing
new newspapers and transferred to the courts print media related cases, until then under the
responsibility of the Ministry of Information. The courts can impose administrative sentences, as
confiscation, closure, and withdrawal of licenses
The new law allows political daily papers to be launched, forbidden under the old 1963 press law that
limited the press to five dailies. However the awaited decriminalization of press offences did not come
through. The law still prohibits publishing material that criticizes Islam and religious sensibilities, public
morality, the emir, the constitution, the judiciary system and the "basic convictions of the nation." It
strengthens punishments for criticizing Islam and provides on this charge, for up to one-year
imprisonment and a fine of €60,000. The Kuwait Journalists Association (KJA) established in 1964, actively
promoted the improvements in the law and continues to lobby for reductions in fines on journalists. In
case of journalists’ detention, KJA organises legal support through a voluntary team of lawyers.
If citizens and government officials filed numerous lawsuits against local newspapers, the courts frequently
ruled in favour of the newspapers.
►Cases
Name
Media
Position
Facts
Khaled alObeisan
Al
Seyassah
daily
Journalist
21.11.2006 Journalist and editor were arrested and held for
a day for an article that seemed to present Saddam Hussein
as the legitimate president of Iraq. They were charged with
“inciting unrest” but freed after the communications minister
withdrew his complaint.
Al Watan
Daily
Journalist
Ahmed
Aljarralla
h
Aziza alMufarig
Sheikh
Ali Khalifa
al-Sabah
Hamid
Buyabis
Editor
Editor
Al Shaab
Editor in
Chief
18.11.2006, the journalist was given a three-month
suspended prison sentence and fined €3,000 by a Kuwait City
court for an article questioning the independence of judges.
She is appealing the conviction. The paper’s editor was fined
€400.
15.05.2006, for having quoted direct criticism of the emir
the journalist was interrogated and detained for one day after
refusing to pay the bail.
LEBANON
► Overview
15
The country had long had the best history for press freedom in the region. There are seven television and
33 radio stations, the government owning only one of each media. Dozens of newspapers and hundreds of
periodicals are released throughout the country and reflect the views of the country’s different
communities.
But set in a tense and fragile political context the situation of media declined, ending up in a series of
killings in 2005, including former Prime Minister Rafik Hariri, the columnist Samir Kassir, (An-Nahar) and
editor Gebran Tueni, (MP). July 2006 Israeli attacks on Hezbollah forces and bombing of Al-Manar TV
station resulted in many civilian and media workers deaths.
Legal context
The media cope with political and judicial pressures and the government has several legal mechanisms to
control freedom of expression. Foreign publications, books and films must be approved before they enter
the country. The law prohibits attacks on the dignity of the head of state or foreign leaders. The
government may prosecute offending journalists and publications in the Publications Court. The 1991
security agreement between the government and Syria, still in effect, contains a provision that prohibits
the publication of any information deemed harmful to the security of either state. The withdrawal of Syrian
troops in 2005 and a decrease in Syrian influence, however, encouraged Lebanese journalists to be open in
their criticism of Syrian and Lebanese authorities alike.
► Cases
Name
Media
Position
Facts
Firas
Hatoum
New TV
Journalist
19.12.2006, the three were arrested for entering the
apartment of a witness in the case of prime minister Rafik Hariri
assassination. Released on 31.01.2007 after six weeks in
Roumieh prison and payment of a €500, they are still charged
with theft under the criminal code (rather than the press law),
and face between three and eight years in prison.
Abdel-Azim
Khayat
Journalist
Mohammad
Barbar
Media
assistant
Ibrahim
Awad
Antoine ElKhoury
Harb
Tawfiq
Khattab
Fares
Khashan
Al-Akhbar
Director
Reporter
AlMustaqbal
daily
Editor in
chief
Reporter
October 2006, the minister of justice filed a complaint against
the journalists for an article exposing practices in judicial
appointments. The case continued at the year’s end.
28.02.2006, a Beirut prosecutor filed criminal charges against
the newspaper and its journalists for defaming President
Lahoud, after the publishing of an interview with a former
Lebanese ambassador who criticized the government’
performance. Their cases had not yet gone to trial by year's
end.
LIBYA
► Overview
Speech and press freedoms are legally provided for "within the limits of public interest and principles of
the Revolution". However, this year, the government continued restricting these freedoms, especially any
statements offensive to the regime’s officials or policies. The press law provides for up to two years
imprisonment for press offences.
The government owned and controlled all print and broadcast media. The first privately-owned radio
station, opened with authorities’ permission, diffusing music and the official agency’s news. Few foreign
publications were available, thoroughly censored and occasionally prohibited.
16
Local media report minor corruption affairs, but never venture to cover cases exposing top officials, the
president, his circles or questions related to the Berber minority. Few journalists dare to cross the lines set
by the regime and self-censorship, maintained through a tight web of informants and security agents,
remains the best protection against prosecution.
►Cases
Name
Media
Position
Facts
Idrees
Mohamme
d Boufayed
Abdel
Razak
al
Mansouri
akhbarlibya.com
Online
journalist
Nov/Dec 2006 imprisoned
opposition websites.
website
Akhbar
Libya
Bookseller
02.03.2006 pardoned and released. Sentenced in October
2005 an 18-month prison for “unauthorised possession of a
firearm”, his conviction was most likely due to critical
articles of the regime, posted on the Internet.
Journalist
and writer
Arrested in 1973, but never tried, all enquiries made to the
Libyan authorities have been without response. Many
observers think that he is now dead.
∆
Abdullah
Ali
AlSanussi AlDarrat
for
posting
material
on
MOROCCO
►Overview
Freedom of Speech and the press are provided for under Moroccan law within certain limits. However, the
threat of prison sentences inevitably leads to a level of self censorship while there are cases of
publications suspended, selected websites blocked, and journalists harassed and sentenced to fines and
jail terms.
Moroccan journalists are represented by the Syndicat National de la Presse Marocaine (SNPM), one of the
most established journalists unions in the region that has recently secured a national collective agreement
for its members. The SNPM defends journalists’ rights and is currently planning a campaign for
amendments to the press law to remove defamation provisions during the build up to legislative elections
in September.
The SNPM also made forceful protests against the suspension of the Nichane newspaper for publishing a
list of popular jokes about Islam, sex and politics in December 2006. In January the Director Driss Ksik,
and journalist, Sanaa Al-Aji were handed a three-year suspended jail sentence and fined € 8500.
The press law and the 2003 antiterrorist law inflict financial penalties and up to five-year jail sentences on
journalists and publishers, who libel, defame, criticize the monarchy, Islam or discuss territorial integrity.
However some of these issues such as the Western Sahara or the debate provoked by the Nichane
article on Moroccan humour provoked a more open discussion this year.
Moroccan Press and Publication Law 2002
Article 38 enumerates the means of communication that carry offences and that the following articles
relate to, as: speech, print, audio visual or electronic publications. The law provides for up to five years
imprisonment and up to €11,000 for causing offence to the royal family. Similar provisions will be
applicable when the publication attacks Islam, the monarchy or territorial integrity ( art 41). Defamation
of the courts, armies, ministers, national administration and its agents, will be punishable with up to one
year imprisonment and €11,000 fine (articles 45 and 46). Similar provisions punish libelling heads of
foreign states, prime or foreign affairs ministers (52). Public outrage to foreign diplomatic or consulates
agents exposes its author to up to one-year imprisonment and € 3,500.
17
► Cases
Name
Media
Position
Facts
Azzedin Gaiz
Yawmiyat
Ennass
Journalist
Driss Ksikes
Nichane
Weekly
Magazine
Publisher
& Director
Reporter
Editor
Hassan Fatih
AlMoulahid
Assiyassi
former
weekly
Al-Jazeera
30.01.2007 the journalist made a complaint to the
prosecutor’s office in Khénifra after he received several
anonymous death threats. He wrote several articles
about local embezzlement and illegal cedar logging in
the region.
15.01.2007 both journalists were condemned to a 3
years jail sentence, 2 months suspension of the
magazine, and a €7,000 for the magazine, on charges
of denigrating Islam in a ten page article examining
how popular humour reflects issues in society. Their
website was shut down on 21st December.
15.12.2006, pardoned by the king after spending
three and a half years in prison.
Driss
Chaatan
Al-Mishal
weekly
Director
Abubakr
Jamai
Journal
Hebdomadaire
Managing
editor
Hicham
Snoussi
Mohamed
Douma
La Manana
Director
Anas Tadili
Akhbar Al
Ousboua
Sanaa al-Aji
Abderrahman
el-Badrawi
Fahd Iraqi
Correspondent
Journalist
Journalist
Director
15.06.2006, The correspondent was physically
attacked by police while covering a sit-in by the
families of political prisoners in Rabat. He was taken to
hospital with neck and shoulder injuries.
09.05.2006, the court sentenced the director to a
one-year suspended prison term and a €10,000 for
defaming a foreign president.
16.04.2006, the paper was sentenced to pay a
criminal court fine of €4,500 for a 2005 case. In
August 2005, editor and journalist were ordered to pay
€280,000 in damages for a 2003 article on the Polisario
Front.
06.03.2006, the courts fined the director and the
journalist € 18,000, for an article published in January
in La Manana, questioning the origins of King Hassan
II's fortune and the country's claims to the Western
Sahara.
29.01.2006, the director was released after 22
months in prison, on a dozen of complaints among
them libelling a minister.
OMAN
► Overview
Despite efforts made in recent years, measures to develop a more open and pluralistic press have been
limited. The basic charter, in its article 29, provides for speech and press freedoms but legal restrictions to
the principle are numerous. Criticism of the sultan is forbidden as well as the release of any “material that
leads to public discord or violates the security of the State".
While the Ministry of Information approved private print publications, and since 2004, broadcasting
stations, many of these media depend on public subsidies, allowing the authorities to censor broadly
materials regarded as “politically, culturally, or sexually offensive”. Editorials are generally consistent with
the government's views.
The government used libel laws and concerns for national security as grounds to suppress criticism.
Articles 61 and 62 of the 2002 Telecommunications Law punishes any message, sent through any mean of
communication, which violates public order and morals or is harmful to a person's safety. Condemnations
of criticism towards officials have been undertaken on this legal basis.
18
The Internet is available though the government's national telecommunications company and series of
measures were taken to monitor it. Numerous Web sites deemed immoral or politically incorrect were
blocked and government threats of lawsuits were posted on the Internet.
► Cases
Name
Media
Taybah alMa'wali
Position
Facts
Journalist
30.01.2006, the government released the journalist and
former parliamentarian convicted of breaking art 61 of the
Press law through her criticism of the government. She had
been imprisoned since 13 July 2005.
PALESTINE
► Overview
Palestinian journalists are under constant pressure from the different political factions and the Israeli
Defence Forces, which refuses to recognize their status and enforces tight restrictions of movement.
Numerous politically labelled media and journalists have been attacked, particularly in Gaza. Incidents
include death threats, abductions and ransacking of media studios. Tensions in early 2007 between Hamas
and Fatah made life especially precarious for Palestinian and foreign journalists alike.
The break down of law and order in Palestine makes any existing laws largely irrelevant and instead direct
appeals are made to the Prime Minister or President on journalists’ cases. Palestinian journalists are
accustomed to taking to the streets to protest injustices and to express solidarity with colleagues around
the world. The Palestinian Journalists Syndicate (PJS) organized daily street protests in April following the
abduction of BBC correspondent Alan Johnston.
Restrictions on movement make it extremely difficult to organize within the PJS, and has effectively split
the West Bank and Gaza branches. The PJS concentrates on protecting the independence of their members
from undue pressure.
The press (three national dailies and several weekly and monthly publications) and the broadcasting sector
(around 30 TV channels and 25 radio stations) operate in this hostile environment. The Palestinian
Authority operated one of each media.
In East Jerusalem Israeli authorities the display of Palestinian political symbols, are punishable by fines or
imprisonment. Israeli authorities censored press coverage of the Intifada and reviewed Arabic publications
for security-related material. During the year IDF (Israeli Defense Forces) soldiers arrested, detained, beat
and shot journalists on several occasions.
Legal Context
There is no Press law or specific media related regulations, but general provisions guarantee freedom of
conscience and expression. A 1995 presidential decree forbids critical publications of the Palestinian
Authority or the president. The laws that govern journalism in the region are still emergency provisions,
dating back to the British mandate and dominated by the Israeli occupation. The IFJ has called for a new
framework that covers all media – Israeli and Palestinian – in an agreed formula, as par of a peace
process.
► Cases
19
Name
Media
∆ Israel
A’sri
Position
Facts
Freelance
20.12.2006, extension of the journalist’s administrative
arrest by an Israeli military court. The court refused the
request of the lawyer to reveal the file. Fayad has been
detained since 2003; his arrest is renewed every six
months.
Abdel
Jabbar Abu
Sneineh
∆ Israel
Jamal
Farraj
Siraj
Radio
station
Director
07.12.2006 arrested by IDF during their breaking in the
media headquarters in Hebron city.
Journalist
Emad
Bornat
Reuters
Agency
Photographer
Awad
Rajoub
Al
Jazeera
Net
Reporter
01.12.2006, isolation of journalist for two months period
in solitary confinement at Al Naqab Desert prison. Detained
since October 2004 by IDF, his administrative arrest is
periodically extended.
6.10.2006, arrested by IDF, and detained for two weeks.
Bornat who was covering a march against the construction
of the separation wall in Bil’een was charged with
“attacking an officer”. According to Reuters an Israeli court
subsequently found him innocent.
24.05.2006, Israeli authorities released the reporter,
reportedly after being detained since November 2005
without charges.
QATAR
►Overview
The constitution provides for freedom of speech and of the press and during the last decade, media gained
relative independence. However, most broadcast media are state-run and the mainstream press is partly
owned or directed by the ruling family members.
In the host country of Al Jazeera, press continued to self-censor under political pressures. The censorship
office in the Qatar Radio and Television Corporation and customs officials screened material considered
hostile to Islam, to the authorities or moral in all media and the Internet. The law provides for criminal
penalties and defamation related cases fall under the jurisdiction of the criminal courts.
The evidence is though, as the independence of Al Jazeera continues to have an impact in the region and
beyond, that the repressive laws are not active. There were no cases targeting journalists last year,
making of the country the only clean sheet in the Arab World.
Saudi Arabia
►Overview
Despite severe restrictions to speech and press freedoms, the country witnessed since the 1990’s, and
more significantly since September 11, 2001, a positive shift from the authorities to release pressure on
the media. Along with widespread access to satellite television and Internet, media published news and
opinions on social, political, religious issues and women's rights, topics that would have been controlled, a
few years ago. At the same time, authorities ceded a colossal influence to the religious establishment as a
way to appease hard-liners.
The culture and information ministry runs the four TV stations. The Ministry of Information approves and
may remove all senior editors. It issues the mandatory license that allows carrying government
advertisements, largest source of revenue for the newspapers. Although privately owned, the newspapers
depend on the financial or political support of a member of the royal family, which leads to an intense
influence over what is reported.
20
Legal context
The Basic Law does not provide for speech and press freedoms. Media outlets can be banned if they
endanger the security of the kingdom, promote national discord or corrupt the country’s public image.
Exposing the royal family, high-ranking officials or religious clerics, corruption, regional divisions, and oil
revenue allocations remain off-boundaries. A Media Policy Statement and a national security law proscribe
all criticism of the royal family and the government. Guidelines regarding controversial issues were
provided to media. For addressing these issues, editors, academics, and other media critics have been
suspended, dismissed, or banned from writing in the national press.
Furthermore, article 12 of the Basic Law provides the State with the ability to "prevent anything that may
lead to disunity, sedition, and separation." Public employees are warned from "participating, directly or
indirectly, in the preparation of any document, speech or petition, engaging in dialogue with local and
foreign media, or participating in any meetings intended to oppose the state's policies."
►Cases
Name
Media
Position
Facts
Kinan
ben
Abdallah alGhamidi
Wajiha
AlHowaider
Al
Journalist
Fawaz Turki
Arab
News
daily
Shams
Journalist
Shams
Editor
30.11.2006, the culture and information ministry banned the
journalist from writing in the daily, with no further details. He
had already been forced to resign as the paper’s editor in 2002.
04.08.2006, the award-winning writer and women's rights
activist, was arrested, while holding a sign, "Give women their
rights." Released with a warning, she was summoned by the
secret police on 20.09 and interrogated for six hours for planning
a peaceful demonstration on the 23rd, women demanding their
rights. Al-Howaider was released only after she signed a pledge
to cease human rights activities in the kingdom, including writing
articles, organizing protests, and talking to the media.
In April, the journalist was dismissed for writing about the war
crime perpetrated by Indonesia during its 1975-99 occupation of
East Timor.
03.04.2006, the journalist was imprisoned for “denigrating
Islamic beliefs.” In his articles. He was released on the 20 th, after
signing a pledge to defend Islamic values in his work. Resistance
would have exposed him to the charge of Riddah— renunciation
of Islam—punishable by death.
16.02.2006, the privately owned daily was closed for a month
and its editor, dismissed for reprinting some of the cartoons of
the Prophet Mohamed.
Rabah
Quwai
Al
Battal Alkus
Daily
Writer
Journalist
SYRIA
► Overview
The government strictly controlled all media and continued this year repressing brutally expression of
opinions off the limits he set, namely criticism of the regime and sectarian issues.
Print and electronic media covered a series of social and economic issues. Foreign newspapers were
available, satellite dishes widely used and the first two private political dailies were licensed, Baladna and
Al-Watan. However the government owned and operated radio and television companies and most of the
newspaper publishing houses. It prohibited all Kurdish language publications and arrested journalists who
reported on or for this cause. Through the country’s Internet service providers, all three operated by him,
the government also monitored and blocked access to web sites associated with opposition groups,
whether moderate, radical or sectarian.
21
Harassment of journalists, writers or pro-democracy activists included incommunicado and prolonged
detentions, beatings, and banning from the country, with, as a result, an efficient self-censorship of the
media.
Legal context
The constitution provides for speech and press freedoms, drastically limited in practice. The State
security’s penal code provisions forbid speech inciting sectarian tensions and the 1963 Emergency Law the
dissemination of "false information" that endangers "the goals of the revolution". The code of military
judicial procedure (Article 150) provides for a five-year prison sentence for anyone “publishing a political
article or giving a political speech with the aim of making propaganda for a political party, organisation or
group.”
The 2001 Publications Law stipulates imprisonment and harsh financial penalties for the publication of
“inaccurate” information that provokes "public disorder, disturbs international relations, undermines the
dignity of the state or national unity, or affects the morale of the armed forces". Sentences include one to
three years jail terms and up to 1 million pounds fine (≈€15,000). The Law also inflicts harsh penalties for
reporters who refuse to reveal their sources during official inquiries.
The vague wording of these provisions provided the government with wide discretion to decide what
constitute illegal - and thus punishable - expression.
A 2004 Ministry of Information decision allowed for licensing of an independent association of journalists.
No license has been granted so far.
►Cases
Name
Media
Position
Facts
Ali Sayed
Al
Shehabi
Rezgar.com
09.01.2007, Freed after five months imprisonment,
presidential pardon. Arrested on 10.08.2006 after publishing
articles of exposing the political establishment in Syria.
(Author of “Où va la Syrie?” a book published in Lebanon).
∆
Muhened
Abdul
Rahman
Rezgar.com
Syrianforum.
org
Online
journalist
Professor
Cyber
dissident
Online
journalist
∆
Habib
Saleh
www.elaph
.com
Al Nahar
Masoud
Hamid
Writer
Journalist
∆
Michel
Kilo
Al Nahar, Al
Safeer,
Al
Quds Al Arabi
Journalist
Mohamed
Ghanem
Surion.org
Web site
editor
07.09.2006, arrested in Damasus, on his return from the
northen Syrian Kurdsitan where he had interviewed a
Kurdish leader. 25 years old, Muhened Abdulrahman is a
graduate from the journalism faculty of Damasus. He
published on several independent sites political Syrian
figures interviews.
15.08.2006, military court sentenced the online journalist
to three years imprisonment, for broadcasting and
publishing “false news likely to undermine the State". Habib
Saleh has been detained since 29.05.2005.
23.07.2006, the journalist was released after three of his
five-year sentence. He was arrested in 2003 for posting a
picture of a June 2003 Kurdish UNICEF protest, on a banned
website and sentenced in October 2004.
14.05.2006, the journalist and pro-democracy activist was
arrested after signing the “Beirut-Damascus DamascusBeirut” declaration by a group of Syrian and Lebanese
intellectuals calling for better relations between the two
countries. Formally charged on 26.03.2007, with inciting
“religious and racial divisions”, “spreading false information”
and “weakening national sentiment,” Kilo faces life
imprisonment. He is imprisoned in Adra prison, near
Damascus.
31.03.2006, he was arrested and his online news site shut
down. Convicted in June of insulting the president and
weakening the country during wartime, he was sentenced to
one year in prison. On 01.11.2006, he was released after
serving six months.
22
Ali
Abdallah
Al-Khalij AnNahar Assafir
Freelance
Sha'ban
Abboud
An-Nahhar
Al-Ra'i
alAam
Correspon
dent
Adel
Mahfoudh
23.03.2006, the journalist was arrested, but only tried five
months later. He was then sentenced to six-months
imprisonment for writing about the country’s weak economy.
His son, Mohammed Abdallah, was also given the same
sentence for contacting Al-Jazeera to report his father’s
arrest. The two men were held for another month before
family and lawyers could see them.
02.03.2006, the correspondent was detained by military
agents, for four days after publishing a list of appointments
and transfers of heads of security branches. Charges with
"publishing harmful reports to national security", he was still
awaiting trial at the year's end.
07.02.2006, the journalist was arrested for calling for
interfaith dialogue on the Prophet Mohamed cartoon
controversy. Released on 12.03.2006, he was reportedly
arrested again in May and released on bail in September.
TUNISIA
► Overview
This year, the authorities continued to employ a range of pressures to achieve a significant and effective
self-censorship in the country: seizures of newspapers, denial of copy right, withholding of government
press cards (necessary to cover official press conferences), prohibition of reporting some events or
compulsion to carry the government’s print or wire version, intimidation.
Security forces closely watched press activities and all media - mainstream, privately owned, opposition,
etc. - were subject to significant political or financial pressures. The government blocked nearly all sites
belonging to human rights, opposition, and radical groups. Ministry of Communications and Technologies
restricted domestic press and broadcast licensing and controlled the satellite transmissions.
The Association of Tunisian Journalists as the major journalists’ group, issues yearly a detailed press
freedom report. It released this year its sixth report that covers the most important violations that
journalists faced in their work and lists a number of proposals to guarantee and extend press freedom,
especially calls to suppress imprisonment for press offenses. A smaller independent group, the Union of
Tunisian Journalists (SJT) brings together some activist journalists. The IFJ has had a robust dialogue with
Tunisian Journalists’ groups in an effort to stimulate co-operation to counter the pervasive influence of the
government which has encouraged extensive self-censorship within the country’s media.
Legal context
The constitution provides for speech and press freedoms "within the conditions defined by the law". The
law provides for up to five years imprisonment for defaming the president of the Republic and up to three
years for similar statements against the government, its members and administrations, the parliament
and constitutional councils.
►Cases
Name
Media
Position
Facts
Tahar Ben
Hassine
Al-Hiwar
Attounsi
satellite TV
station
Director
08.02.2007 arrested in Tunis after visiting freelance
journalist Taoufik Ben Brik. Jailed for 1 day. Al-Hiwar
Attounsi broadcasts two hours of programming a week by
satellite from Italy; several of the people who work for it
have been harassed and attacked in Tunisia.
23
Lotfi Hajji
Syndicat
des
Journalists
Tunisiens
(SJT)
∆
Mohamma
d Abbou
President
Human
rights
lawyer
12.05.2006, authorities called Hajji to police headquarters
and interrogated him for four hours about an "illegal"
meeting of "civil society representatives" at his home in
Bizerte. Hajji's detention followed two articles he published
on the Internet on a confrontation between the
government and the Tunisian Bar Association over the
creation of the new lawyer's institute.
April 2005, given a three-and-a-half-year prison sentence
on the charges of “defaming the judicial process” and
“likely to disturb public order”, for posting on a banned
Tunisian website, Tunisnews an article pointing at
detention conditions and practice of torture in Tunisian
prisons and directly criticizing the president. Harassment
against his wife Samia Abbou increased, after she staged a
hunger strike on 13 August 2006 for her husband’s release.
Other journalists were detained and interrogated without being formally arrested. 16.08.2006, police
beat two journalists, Slim Boukhdir and Taoufik Al-Ayachi, in Tunis on their way to the home of
Samia Abbou. Authorities frequently harassed Boukhdir after he posted articles on the Internet critical of
the government. In November 2005 Arabic-language daily newspaper Ash-Shourouq stopped publishing
his articles and froze his salary in February. In April and May he was one of two Ash-Shourouq
journalists who went on hunger strike in protest of their treatment by Ash-Shourouq management.
Government authorities reportedly refused to give Boukhdir a press card and confiscated his passport.
UNITED ARAB EMIRATES
► Overview
Most broadcasting media were government-owned and conformed to government guidelines. Widespread
satellite dishes provided access to international broadcasts, but government blocked some websites whose
material was considered violating religious, political and moral values of the country.
An national Media Council is responsible for licensing all publications and issuing editors their press
credentials. Privately owned media relied on the government subsidies or its news agencies for material,
and local media generally reflected the authorities views.
Legal context
Article 30 of the Constitution guarantees speech and press freedoms, but a range of legal provisions
restricts these rights. As per the Press and Publications Law, domestic and foreign publications are
censored before distribution. The law provides for prosecution under the Penal Code for listed categories of
offenses: criticism of the government and ruling families, statements that endanger public order, etc.
In January 2006 the government passed the Information and Privacy "cyber crime" law, which explicitly
criminalizes a range of Internet practices. The law provides fines and prison terms for common "cyber
crimes" (hacking, financial fraud, etc.) but contains as well penalties for Internet users who oppose Islam,
insult any religion or its rituals, or broadcast immoral material or private items in breach of public decency.
►Cases
Name
Basma
Jandaly
al-
Media
Position
Facts
Gulf News
Journalist
In January 2006 the case against, a Dubai-based
journalist, was dismissed. She was arrested for writing a
Gulf News 2005 article about a man in Sharjah Emirate
who had stabbed a women, and whose knowledge of the
investigation through the press may have helped him
escape.
24
YEMEN
► Overview
Over the course of the past year, various violations of media freedom have been observed, including
Internet censorship, biased media coverage, and government interference. Inside or outside the legal
framework, the country's security apparatus has threatened and harassed journalists to influence press
coverage.
Journalists have been tried and sentenced for reporting on political and social issues or writing articles
critical of the authorities. Brief imprisonment, personal surveillance, death threats, anonymous abductions
and physical attacks are routine. The Ministry of Information influences the media through control of
printing presses, subsidies to newspapers, and ownership of the country's sole television and radio outlets.
Despite that, Yemen enjoys a broad range of printed media representing all the political factions in the
country.
Journalists are represented by the Yemeni Journalists’ Syndicate (YJS). YJS, as well as Women Journalists
Without Chains, strongly and publicly condemned recent government’s policies and abuses against the
press and provided for legal assistance when needed. In November 2006 the YJS gave strong support to
Kamal al-Olufi, editor of the Al-Rai Al-A’am weekly, who was sentenced to a one year prison term for
insulting Islam when reprinting an image from the web site of the Danish paper Jyllands Posten, on which
some of the cartoons depicting the Prophet Mohammed were visible. YJS board members have in their
turn been harassed for their defense of other journalists. Hafez Bukari had to leave the country and resign
as general secretary of the YJS following a period of sustained harassment and threats.
Legal context
The constitution provides for freedom of speech and of the press "within the limits of the law".
The 1990 Press and Publication Law criminalizes criticism of the “head of state" and publication of "false
information" that may spread "chaos and confusion in the country”. Article 103 of the press law bans
publication of anything “harming the Islamic faith or denigrating a monotheistic religion”.
►Cases
Name
Media
Position
Facts
Shehab Al
Ahdal
Al Nehar
Editor
Akram
Sabrah
Al Hurriah
Chief editor
24.12.2006, the higher judiciary council filed a case against him
on charges of insulting judicial practices. He had in July published
a news story about the execution of a person who was underage.
13.12.2006, both journalists were sentenced in Sanaa to four
months imprisonment and closure of the newspaper. Case opened
in February by the ministry for republishing the prophet
Mohammed cartoons. They had then already been detained for
three weeks.
Yahia Al
Abed
Reporter
Anis
Mansour
Al Ayam
Correspondent
28.11.2006, the journalist was imprisoned in Lahij after covering
the confrontations between the security forces and the member of
Arim agricultural cooperative society.
∆?
Abdul Hadi
Nagi
Al Ayam
Correspondent
25.11.2006, abducted in Ta’ez the journalist was detained in
Aden, accused of the newspaper’s financial irregularities
Sentenced to three years imprisonment, he is at present in the
central prison of al Mansourah in Aden. Additionally, he was fined
€25,000.
25
Kamal
Alufi
Al Rai
‘Am
Mohammed
Sadiq Al
Odaini
Chief editor
25.11.2006, the editor was sentence to a full year imprisonment
and closure of the newspaper for six months, following the
reprinting of the Prophet Mohammad caricatures in February.
Information
center
for
Protecting
Press
Freedom.
Al Wahdawi
weekly
Director
15.09.2006, Sentenced, in his absence, by Al Odain primary
court to three years imprisonment and to pay a fine of €5,000 for
articles exposing official’s practices in Al Ga'ashen district.
Editor
Abed
Al
Mahdari
Al Dyar
Chief editor
Hafez
Bukari
Yemeni
Journalists
Syndicate
Al Wassat
General
secretary
20.07.2006, the editor of Al Wahdawi sentenced to six-month
suspension of writing and to pay a €2,000 fine for publishing an
August 2005 article reporting misdemeanors by members of the
Republican Guard in seizing land in Dhamar Province.
11.06.2006, three political security officers arrested the editor
while attending press conference in Movempick Hotel for
distributing his newspaper to the attendants of the conference. He
was released after a sit-in in the Hotel organized by his press
colleagues who were attending the conference.
27.05.2006, the Sana'a international airport authorities
confiscated the General secretary and editor’s documents. They
were detained for several hours, inspected and questioned before
being released.
Mohammad
Al Ass’aadi
Yemen
Observer
Chief editor
Nabeel
Subaia'a
Al Thawri
Journalist
Feqri
Qassim
Al Thawri
Journalist
Khaled
Salman
Al Thawri
Chief editor
Naif
Hassan
Al Thawri
Journalist
Ali Al Saqaf
Al
Mr. Jamal
Ame
Al
Editor
10.02.2006, the newspaper’s license was withdrawn and the
editor imprisoned in Sanaa’ for two weeks for republishing the
Prophet Mohammad caricatures. On 06.12.2006, the editor was
fined an amount of €2,000.
08.02.2006 jailed (see below case) for one year with suspension
and prevented from writing for six months for insult of the
president and jeopardizing the country unity.
08.02.2006, condemned (see below case) on the charges of
harming and jeopardizing the country to one-year imprisonment
with suspension of execution and six months writing ban.
01.02.2006, sentenced to one-year imprisonment with
suspension of execution and prevention from writing for six
months. The case was raised by Ministry of Defence on several
grounds among which, attacking the army in their publications.
On the 16th he was sentenced to another 2-year imprisonment
with suspension and €2,000 for a series of articles critical of
corruption. Suspended from work in July, he has left the country
in November 2006.
01.02.2006, sentenced to one-year imprisonment, on the above
case. On 18.07.2006, he was suspended from writing for one year
and fined an amount of €4,000 for defaming Ministry of Defense’
officials.
∆*: Triangles indicate jailed journalists until April 2007.
SOURCES
- IFJ affiliates.
- Amnesty International
-
Arab Archives Institute (AAI).
Arab Press Freedom Watch (APFW).
Arabic Network for Human Rights Information (ANHRI).
Article 19.
Committee to Protect Journalists (CPJ).
Egyptian Organization for Human Rights (EOHR).
Human Rights Watch (HRW)
International Press Institute (IPI)
Reporters Sans Frontières (RSF).
US department of State.
26
- Women Journalists Without Chains (Yemen).
27