Jurisprudence and free speechin Arab worldDr. Matt J. Duffy / @mattjduffyBerry College #FoEJuris

Biggest shift involves legislation

● Not judicial action● Anti-terrorism laws -- updated to equate

dissenting speech, journalism as acts of “terrorism”

● Saudi now defines as terrorism any speech that is an “insult the reputation of the state.”

● Saudi and UAE both expanded laws● Jordan prosecuted w/ terror laws

Biggest shift involves legislation

● Cybercrime laws -- should just apply to hacking, fraud, copyright enforcement

● Arab countries use it to crackdown on dissent, criticism via social media

● UAE Federal Supreme Court judge sentenced activist to 3 years in prison for “damaging the reputation of UAE institutions”

Biggest shift involves legislation

● Cybercrime lawso Expanded in Qatar in 2014o Includes any speakers that violate “any social values

or principles.” ● In Lebanon, “cybercrime bureau” regularly

detains speakers for “sharing crimes”o Unclear if judges are sentencing anyone, but

detentions have chilling effect

Insult laws a top tool

● Judges have sentenced speakers for “insulting” the king and public officials

● In Bahrain, king just increased penalty for “lese majeste” -- 7 years in prison

● Judge sentenced blogger to 30 monthso Criticized the monarchy and reported on protests

● Judge sentenced blogger to 2 years for insulting the military

Defamation laws a major threat

● In Lebanon, judges have issued large fines for defamation

● $12,000 in fines for article critical of judgeo Truth apparently not a defenseo Hey, at least no jail!

● In Iraq, former judge and journalist arrested on charges of defaming minister

● Reforms must focus on penal codes

● Appealing in a region of instability● In UAE, judge sentenced two activists

to 3 years and $125,000 fine● Criticized mass trial

o charged with spreading “false news” and upsetting “public order”

Public order charges a favorite

● In Kuwait, judge acquitted 67 bidoon protesters of “public order” chargesafter months of detentions.

● Only acquittal this research revealed

Public order charges a favorite

● Judges clearly not exercising independence● In 2014, UN Special Rapporteur said UAE

judicial system under “de facto control of the executive branch of government.”o An extreme example because many judges are ex-

pats

● Media and NGO reports on free speech rarely identify judges. Should be remedied.

Conclusions: 2 big takeaways