GCC Media Laws: Review and AnalysisBy Dr. Matt J. DuffyDoha Centre for Media Freedom

Project Doha Centre suggested,

supported this analysis Much is known about

restrictions to free speech, press in GCC

Little known about legal mechanisms that create this environment

Must know where we are, to know how to move forward

GCC: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and United Arab Emirates

Research Primary sources: Media laws, penal codes,

regulations from six GCC countries Some media laws (Saudi, Oman) were not

available anywhere in English. Doha Centre translated them and will publish

on site as part of final project Secondary sources: Accounts from books,

press reports and NGOs With particular attention paid

to which laws, regulations used to restrict speech, press

Result: 80-page report

Overview

Findings Most of countries featured similar laws

Can this be traced back to British rule? Kuwait’s laws largely as restrictive as

rest, but active parliament, culture of public debate helped its relative rankings

Saudi Arabia has no official penal code. Observers say laws often quite fluid, with authorities making arrests then later deciding which specific laws were broken

Conclusions & Recommendations All Constitutions except Saudi contained

clause guaranteeing “freedom of expression”

All offered “within limits of law” caveat Not necessarily surprising, nor different than

other countries All countries do limit freedom of expression

in some way… but where the line is drawn is what differs between GCC, countries with developed press freedoms

Conclusions & Recommendations

Criminal defamation laws Aim to protect reputation Can be used to squelch any criticism or

objective reporting Truth not necessarily a defense Lead to jail for journalists, which prompts huge

self-censorship Recommendation: Civil defamation laws

Allow courts to fine journalists who defame Specify truth is always a defense Different thresholds for public vs. private figures

Conclusions & Recommendations

All GCC countries requirethe licensing of journalists Leads to self-censorship because

journalists can worry that their licenses will be revoked

Recommendation: No licenses Allow journalists to self-regulate Countries with strong protections for press

freedom tend to feature journalism groups that stress high ethical standards (and no licensing.)

Conclusions & Recommendations

All GCC countries list prohibitionsjournalists must follow Don’t report anything:

That will harm the national economy Upset the public order Critical of an Arab state, leader

Recommendation: No broad restrictions Instead of “upset public order,” ban the

incitement of “imminent lawless action.” Much less broad

Conclusions & Recommendations

All GCC countries feature prohibitions against “insulting” or “criticizing” the ruler i.e., lese-majeste laws Common in British colonial laws

Recommendations: Eliminate these prohibitions Insulting prohibitions, though, carry

cultural weight in Arab world…

Conclusions & Recommendations

“Truth” mandated in reporting Bahrain, Kuwait, Saudi Arabia,

and Oman Sounds like a good idea – why shouldn’t

reporting be truthful? But, leads to self-censorship

Recommendations: Eliminate calls for “truth” in reporting Truth should be used in civil defamation

cases – so factual errors in reporting can lead to financial damages.

Conclusions & Recommendations

No media laws speak to value of journalism as a force for good in society Journalism treated as industry

that must simply be regulated In countries with developed press freedoms,

attempts to punish journalists balanced by understood value of free, critical press

Recommendation: Add language to media laws like from Abu Dhabi Media Zone “content guidelines”…

Conclusions & Recommendations Abu Dhabi Media Zone

content guidelines: Protects journalists who

engage in: “the exposure of crime, corruption, antisocial behavior, injustice or serious impropriety, protecting public health or safety, exposing lies, hypocrisy or materially misleading claims made by individuals or organizations, disclosing incompetence, and negligence or dereliction of duty that affects the public.”

The End Thanks for listening! Full report slated for release on

Doha Centre for Media Freedom’s website by end of year. www.dc4mf.org

Will submit shortened version to Communication Law and Policy

www.mattjduffy.com My website @mattjduffy Follow me on Twitter