Arab Defamation

LawsComparing libel and slander in the

Middle East to international norms

• Dr. Matt J. Duffy, Berry College• Hadil Maayrouf, CIME• Dr. Mariam Alkazemi, University

of Florida

This paper was presented last November in Irbid, Jordan, at conference of Arab-United States Association of Communication Educators.

Konaté v. Burkina Faso Journalist reported on corruption of

prosecutor Charged, convicted of criminal libel Sent to prison, newspaper shutdown Appeals in country failed But African Court of Human and Peoples’

Rights overturned. Said criminal defamation incompatible

with right to free expression.

‘Best practices’ for libel Truth must be defense for defamation Ensures that people cannot protect good

reputations that they don’t really deserve Castells v. Spain (ECHR)

Court overruled criminal defamation conviction in part because journalists not given opportunity to prove truth

African Commission on Human and Peoples’ Rights said in 2002: “no one shall be found liable for true statements.”

‘Best practices’ for libel Public figures must withstand more

scrutiny than private figures Lingens v. Austria (ECHR)

The politician “inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance”

‘Best practices’ for libel Criminal libel should be avoided

Particularly in matters of public importance Too much of burden on journalism Gives too much power to public officials Civil lawsuits can result in large fines,

dissuade future defamation Castells v Spain:

… dominant position which the Government occupies makes it necessary for it to display restraint in resorting to criminal proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries or the media.

Methodology Look at laws of six Arab countries:

Egypt, Jordan, Lebanon, Libya, Kuwait, United Arab Emirates Why Libya? Turmoil could leave next gov’t

open to radical revision of laws

Examined cybercrime laws, media laws And penal codes most important Many just in Arabic/co-author translated Why not legal rulings?

Civil system rather than common law Many rulings not long on analysis, few

disseminated, courts not independent

Results Laws of 6 nations quite similar Only few outliers Mostly in penal code, but some

defamation provisions in cybercrime laws, media laws

Found nearly all nations not in agreement with international approach on three issues

Results All of the laws brought criminal penalties

to bear Prison time and fines Some fines were small ($40 in Libya) while

some were large $270,000 in UAE Public officials in all countries except

Jordan receive extra protection from libel Libeling a public official is “aggravating

factor,” leads to larger fine, more jail time

Results Truth not an absolute defense for libel

Most countries have some truth-defense protection if making a claim against a public “worker”

But in Lebanon and Libya, truth specifically ruled not material in libel cases

Few laws address libel of private figures Recent defamation provisions in

cybercrime (UAE) and media (Kuwait) laws don’t mention truth as a defense

The End! Slides available at www.mattjduffy.com

@mattjduffy Have your library order my

book: “Media Law in the UAE”