|
Middle East Press Freedom
a compilation of the U.S. State Department's
annual Human Rights Report
These are the sections on Freedom of Speech and
the Press taken from the 2003
Human Rights Report issued February 25, 2004 by the Department
of State of the United States.
The report, entitled "Country Reports
on Human Rights Practices," is submitted to the Congress
by the Department of State in compliance with sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (FAA), as amended,
and section 504 of the Trade Act of 1974, as amended. The law
provides that the Secretary of State shall transmit to the Speaker
of the House of Representatives and the Committee on Foreign Relations
of the Senate, by February 25 "a full and complete report
regarding the status of internationally recognized human rights,
within the meaning of subsection (A) in countries that receive
assistance under this part, and (B) in all other foreign countries
which are members of the United Nations and which are not otherwise
the subject of a human rights report under this Act."
Algeria
The Constitution provides for freedom of speech
and press; however, the Government restricted these rights in
practice. The Penal Code imposed high fines and prison terms of
up to 24 months for defamation or "insult" of government
figures, including the President, members of Parliament, judges,
members of the military and "any other authority of public
order." Those convicted face prison sentences that range
from 3 to 24 months and fines of $715 to 7,150 (50,000 to 500,000
dinars). During the year, at least 96 prosecutions occurred under
the Penal Code.
The law specifies that freedom of speech must respect
"individual dignity, the imperatives of foreign policy, and
the national defense." The State of Emergency decree gives
the Government broad authority to restrict these freedoms and
to take legal action against what it considers to be threats to
the state or public order. These regulations were applied throughout
the year, and in some instances appeared to target specific media
organizations and their staff. The number of independent press
publications prosecuted or fined for reporting on security matters
continued to increase from the previous year. The 2002 proposal
to have fledgling newspapers screened by the Ministry of the Interior
and Ministry of Justice, as opposed to the Ministry of Communication
and Culture remained unimplemented. In general journalists exercised
self-censorship by not publishing criticism of specific senior
military officials, although during the year, the press widely
criticized current and retired military officers. In August, the
Government overtly used its power to halt newspaper publications
and actively attempted to curtail local media criticism of high-ranking
government officials, including President Bouteflika.
The country's independent media consists of nearly
40 publications that support or oppose the Government in varying
degrees. Few papers have a circulation that exceeds 15,000, making
the degree to which they are both financially and editorially
independent questionable. El Moudjahid remains the sole state-owned
paper. There were no newspapers owned by political parties, although
Liberte, L'Expression, L'Autentique, and El-Borhane continued
to report from an ideological perspective. Many parties, including
legal Islamic political parties, had access to the independent
press, in which they expressed their views without government
interference. Opposition parties also disseminated information
via the Internet and in communiqués.
Algerian radio and television were government owned,
with coverage favoring President Bouteflika and the Government's
policies. Opposition candidates were prevented from appearing
on television or radio during the last quarter of the year in
anticipation of the 2004 presidential elections.
Satellite-dish antennas were widespread, and millions
of citizens had access to European and Middle Eastern broadcasting.
The Government, on occasion, enforces restrictions on the publication
of some books related to Tamazight and Amazigh culture through
an increased reliance on bureaucratic hurdles. Government-owned
radio continued to broadcast Tamazight language programming and
government-owned television broadcasts a nightly news bulletin
in this language.
The law permits the Government to levy fines and
jail time against the press in a manner that restricts press freedom.
However, in practice the existence of such did little to curb
independent press reporting. Journalists were repeatedly subject
to harassment, intimidation, or violence by police. During the
past decade, terrorists and in some instances, security forces,
frequently targeted the local media for supporting one side over
the other.
In May, satirical political cartoonist for Liberte,
Ali Dilem, was sentenced to a 6-month suspended jail sentence
for defamation. The Ministry of National Defense sued Dilem, his
editor, and the owner of the French independent daily paper Liberte
on behalf of General Mohammed Lamari, alleging personal insult
and defamation. On December 23, Dilem, received a suspended sentence
of 4-months and fined $1,428 (100,000 dinars) for a cartoon criticizing
the army published in April 2002. His publishing director and
editor, Abrous Outoudert and Hacene Ouanndjeli, respectively were
both fined $714 (50,000 dinars).
On December 27, police summoned anti-corruption
writer for Le Soir d'Algeri, Djilali Hadadj, on charges of defamation.
In December, a regional court released journalist
Hassan Bouras, an anti-corruption writer who had been sentenced
to 2 years on a prison farm and a 5 year ban from working as a
journalist on defamation charges against the El-Bayadh prosecutor,
whom he reported was involved with corruption scandals.
In 2002, two journalists were brought before the
court and censured for reporting on security force tactics used
against terrorists in mountainous areas. A television journalist
with National Radio and Television (RTN) was refused accreditation
without explanation and barred from covering the October 2002
local elections. Despite inquiries on his behalf by RTN and other
interested parties, the grounds of the refusal were not made public.
There was no update in his case at year's end.
The Government continued to exercise pressure on
the independent press through the state-owned advertising company
which determined which independent newspapers could benefit from
advertisements placed by state-owned companies. Advertising companies
tended to provide significant amounts of advertising to publications
with a strong anti-Islamist editorial line and to withhold advertising
from newspapers on political grounds, even if such newspapers
had large readerships or offered inexpensive advertising rates.
Despite a Government printing ban that targeted
six papers during the summer, the independent press continued
to comment regularly and openly, and expressed a wide range of
views on significant issues such as presidential policies, political
developments, terrorist violence, and surrenders under the amnesty
program. However, some elements of the news media practiced self-censorship.
According to a 1994 inter-ministerial decree, independent
newspapers may print security information only from official government
bulletins carried by the government-controlled Algerian Press
Service (APS). However, independent newspapers openly ignored
the directive, and the trend toward increased openness on security
force activities continued. The Government provided the press
with more information about the security situation than in the
past through increased communiqués. During the year, the
Army also began to issue more communiqués to the press
and occasionally invited journalists to the sites of confrontations
with terrorists. The government-controlled press reported on terrorism
in an increasingly straightforward and factual manner.
Most independent newspapers, continued to rely
on the Government for printing presses and newsprint. On August
18, the government printing press refused to print five newspapers
and supply newsprint stock to one other on the grounds of overdue
debts. The Government called in the debts of French independent
dailies Le Matin, Liberte, El Watan, and L'Expression and Arabic
independent dailies Errai and El Khabar after the close of business
and at the close of the work-week, announcing that each newspaper
had 48 hours to pay delinquent bills. The majority of the targeted
papers remained closed for 15 days. All resumed publishing by
September 5, except the Arabic-language daily Errai.
The Government imposed restrictions on the international
media's coverage of issues relating to "national security
and terrorism." Over the course of 3 days in July, the Government
deported four journalists for their coverage "outside of
their hotel rooms" of released political prisoners Ali Belhadj
and Abassi Madani. The Government threatened similar action against
others who violated the guidelines of the Ministry of Communication
communiqué forbidding media coverage of the prisoners'
release (see Section 1.d.).
Unlike in previous years, the independent press
reported openly about the Government's use of wiretaps, allegations
of torture, government corruption, and human rights abuses related
to the Kabylie region. There also was significant coverage of
NGO activity aimed at publicizing government abuses committed
in the past.
The Government continued a 2002 administrative
ban, throughout the Ministries of Energy, Interior, Labor, Finance,
and Justice, on the distribution of the newspapers Liberte, Le
Matin, Le Soir, and El -Youm, for being critical of the Government.
The Government's definition of security information
often extended beyond purely military matters to encompass broader
political affairs. A 1995 ban barring FIS officials from making
public statements remained in force at year's end.
The Government did not restrict academic freedom.
Many artists, intellectuals, and university educators fled the
country after widespread violence began in 1992; however, during
the year, some continued to return. A growing number of academic
seminars and colloquiums occurred without governmental interference.
There were extensive visa issuance delays to international participants
and refusal to allow international experts into the country (see
Section 4).
Bahrain
The Constitution provides for the right to express
and publish opinions "under the rules and conditions laid
down by law, provided that the fundamental beliefs of Islamic
doctrine are not infringed, the unity of the people is not prejudiced,
and discord or sectarianism is not aroused." In practice,
the Government limited this right, especially in the media.
Local press coverage and commentary on international
issues was open, and discussion of local economic and commercial
issues also was relatively unrestricted. However, representatives
from the Information Ministry actively monitored and blocked local
stories on sensitive matters, especially those fostering sectarianism
or criticizing the royal family, the Saudi ruling family, and
judges. On November 12, the new independent weekly newspaper "Al
Ahad" issued its first edition.
The press covered controversial issues such as
criticism of government policies, discussion of sectarian issues,
unemployment, naturalization, government corruption, and housing
more freely than before. However, criticism of the ruling family,
and the Saudi ruling family and fostering sectarian divisions
remained largely prohibited
The law provides for freedom of press and speech;
however, the law, contains restrictions on these "rights."
The law allows prison sentences for three general categories of
offenses: criticizing the State's official religion, criticizing
the King, and inciting actions that undermine state security.
In addition, the law allows fines up to $5,300 (BD 2,000) for
14 other offenses, including publishing statements issued by a
foreign state or organization before obtaining the consent of
the Minister of Information, any news reports which may adversely
affect the value of the national currency, any offense against
a head of state maintaining diplomatic relations with the country,
or offensive remarks towards an accredited representative of a
foreign country because of acts connected with his post. One week
after its issuance, the Prime Minister declared the law "frozen,"
and ordered that the Cabinet review the law. Although "frozen",
the law continued to be enforced at the Government's discretion.
All newspapers ran articles and editorials criticizing the law.
During the year, an amendment to the 2002 Press
Law was drafted and submitted to the Ministry of Information.
When the amendment was brought to the National Assembly for ratification,
only 14 of the 40 recommendations submitted to the Ministry of
Information were included in the amendment. The omitted recommendations
involved reducing the Government's power to intervene administratively
to punish journalists, and to transfer punishment for transgression
of the law to the judiciary. Journalists requested that the Government
remove criminal penalties from the press law. The National Assembly
took no action on the amendment.
Three separate court cases against the country's
newspapers were brought by the Government under the "frozen
law." A group of Shari'a court judges brought a criminal
case against the Editor-in-Chief of an Arabic daily newspaper
for reporting criticism of the Shari'a court lodged by women's
rights activists (see Section 1.e.). 11 Shari'a court judges charged
a group of six with libel and slander who now face criminal prosecution
and prison sentences. No sentences were issued by year's end.
The case of one of the defendants, Editor in Chief
Anwar Abdulrahman of newspaper "Akhbar Al Khaleej" is
being handled separately from the other five. He won a verdict
from the High Court of Appeal to suspend his trial and pass the
case to the Constitutional Court, challenging the constitutionality
of the press, judicial authority, and criminal procedures laws.
During the year, the Editor-in-Chief, Mansour Al
Jamry, of the independent newspaper "Al-Wasat," was
interrogated and sentenced to either one month in jail or a $2,650
(BD 1,000) fine for allegedly publishing sensitive information
on an ongoing investigation of a locally-based terrorist cell.
His colleague was also fined $2650 (BD 1,000). His case is on
appeal. Al Jamry has appealed his case to the Constitutional Court
citing discrepancies in the procedural enactment of the Press,
Judicial Authority and Criminal Procedures laws.
On September 24, Editor-in-Chief Radhi Mouhsin
Almousawi of "The Democrat" newsletter published by
the National Democratic Action Society appeared before the court
for an article he wrote about corruption in the tourism sector
and allegations against an unnamed tourism inspector. Almousawi
has also appealed his case to the Constitutional Court citing
discrepancies in the procedural enactment of the Press, Judicial
Authority and Criminal Procedures laws.
There were reports that two journalists were suspended
for 7 to 10 days in 2002; however, it was not clear if these punishments
were handed out under the authority of the new press law. Other
journalists were reportedly suspended during the year, and journalists
have said that editors refused to publish pieces they wrote that
criticized the Government or took positions the editor disapproved.
Individuals expressed critical opinions openly
regarding some domestic political and social issues in private
settings and occasionally on state-run television call-in shows
and increasingly in organized public forums. Some did criticize
leading government officials. Public demonstrations increased
over foreign policy, unemployment, family status law, housing
shortages, and human rights abuses. These were covered in the
print media but not on government-owned television.
Under of the 2002 Publication Laws, the Ministry
of Information seized in February copies of "Mohammed's Character,"
a book considered blasphemous for insulting the character of the
Prophet Mohammed.
On November 4, the Ministry of Information confiscated
a new book, "Bahrain: From an Emirate to a Kingdom,"
written by Ahmed Manisi and published by the Centre for Political
and Strategic Studies in Egypt. The book was originally a master's
thesis that criticizes the absence in the 2002 Constitution of
balance between the legislative branch and the executive branch.
On October 19, the Ministry of Information confiscated
all copies of issue 19 of Al Mushahid Al Siyasi magazine. The
magazine was published by BBC in London. Issue 19's cover piece
reported on the political naturalization issue.
The 2002 Election Law regulated candidates' political
activities, prohibiting speeches at most public locations and
limiting the areas where campaign materials could be placed. However,
these regulations were only sporadically enforced.
The Information Ministry controlled local broadcast
media and exercised considerable control over local print media,
except Al-Wasat, even though newspapers were privately owned.
The Government generally afforded foreign journalists access to
the country and did not limit their contacts. However, the Government
continued to ban correspondents from the Qatar-based Al-Jazeera
satellite television channel, accusing the station of using sensationalized
and one-sided coverage to project unfairly a negative image of
the Government.
The Bahrain Journalists' Association, formed in
2000, had a significant majority of government employees from
the Information Ministry and was not an independent organization
protecting journalists' rights and interests.
The Government owned and operated all local radio
and television stations. Radio and television broadcasts in Arabic
and Farsi from neighboring countries and Egypt were received without
interference. Al-Jazeera was available in the country via satellite.
On October 21, a foreign correspondent advised
that the Ministry of Information threatened to expel the correspondent
if he did not retract his draft article on political naturalization
in the country. The correspondent reportedly withdrew the story.
On December 18, another foreign correspondent was threatened with
expulsion if he did not reveal his source for his story on a December
17 illegal political demonstration that turned violent when demonstrators
attacked police who mobilized to keep the event under control.
When he reportedly refused, the correspondent's regional bureau
chief intervened with the Information Minister to keep the correspondent
in the country.
The National Telephone Company (BATELCO) provided
access to the Internet. E-mail use was unimpeded, although it
was subject to monitoring (see Section 1.f.). More than one-third
of the population used the Internet. There are 140,000 hotmail
accounts in the country. Many districts of Manama have cyber cafes
and there are 80 chat rooms visited by over 1,000 persons daily.
It is estimated that 22 percent of the population owns personal
computers.
Although there were no formal regulations limiting
academic freedom, in practice academics avoided contentious political
issues, and the university did not have a political science program.
University hiring and admissions policies favored Sunnis and others
who were assumed to support the Government, rather than focusing
on professional experience and academic qualifications. However,
there continued to be some improvement in the hiring of qualified
individuals in a nondiscriminatory manner during the year. A few
Shi'a professors, including women, were hired. Larger numbers
of Shi'a students were accepted into the national university,
but this was still a smaller proportion than in the general population.
In April, a university professor published an academic
study on freedom of expression that showed that the Internet allowed
the most freedom of expression because it is not generally subject
to monitoring and censoring, although some expressed annoyance
that some websites had been closed down or banned. Respondents
indicated that television and radio stations only express views
in agreement with the Government. The "Al-Ayam" article
stated that, during the 2002 Council of Representative elections,
the news media carried shows and hosted guests without allowing
election boycotters to express their views. The study also suggested
that respondents believe that local newspapers have improved,
but the country did not yet have a truly free press because newspapers
are still reluctant to publish views that do not correspond with
the Government's policies.
Egypt
The Constitution provides for freedom of speech
and of the press; however, the Government partially restricted
these rights in practice. The Government used the Emergency Law
to infringe on citizens' civil liberties. Citizens openly expressed
their views on a wide range of political and social issues, including
vigorous criticism of government officials and policies, but generally
avoided certain topics, such as direct criticism of the President.
Journalists and writers practiced self-censorship.
Ending a long-standing legal case that had broad
implications for freedom of expression and human rights advocacy,
the Court of Cassation on March 18 acquitted Saad Eddin Ibrahim
and his codefendants on charges of defaming the state and illegally
accepting foreign funds.
The Constitution restricts ownership of newspapers
to public or private legal entities, corporate bodies, and political
parties. There are numerous restrictions on legal entities that
seek to establish their own newspapers, including a limit of 10
percent ownership by any individual; however, this appears to
have been sporadically applied.
The Government owned stock in the three of the
largest daily newspapers, and the President appointed their editors
in chief. These papers generally followed the government line.
The Government also held a monopoly on the printing and distribution
of newspapers, including those of the opposition parties. The
Government used its monopolistic control of newsprint to limit
the output of opposition publications.
Opposition political parties published their own
newspapers but received a subsidy from the Government and, in
some cases, subsidies from foreign interests as well. Most opposition
newspapers were weeklies, with the exception of the dailies Al-Wafd
and Al-Ahrar, both of which had small circulation. Opposition
newspapers frequently published criticism of the Government. They
also gave greater prominence to human rights abuses than did state-run
newspapers.
On July 30, the Press Syndicate held its board
elections which were generally considered to be credible and transparent.
Nasserist Galal Aref was elected president of the board. Twelve
other members were elected including four Muslim Brothers, three
Nasserists/leftists, and five journalists considered supporters
of the Government.
On June 11, the Higher Council for the Press at
the Shura Council approved the registration of eight new newspapers.
On July 8, the same body approved the registration of an additional
20 newspapers and magazines. On December 30, the Higher Council
for the Press approved the registration of 10 new newspapers.
These actions brought the total number of licensed
periodicals in the country to 518, including 64 national papers,
40 opposition party papers, seven private newspapers, 252 "specialized"
publications, 142 scientific journals, and 67 local publications.
On July 4, the Ministry of Interior acting without
court order banned distribution of the second issue of the Al
Saada newspaper, which was associated with the Takaful Party.
State Security officials summoned paper chairman and party secretary-general
Essam Abdel Razzak, and told him that the Government objected
to the paper's editorial policy.
In September, the Government issued a ban on the
London-based Arabic newspaper Al-Quds al-Araby following its publication
of an article perceived to be critical of the Egyptian presidency.
On November 23, the Arab Program for Human Rights Activists issued
a statement condemning a decision by the council of Ministers
to extend the ban to year's end.
Because of the difficulties in obtaining a license,
several publishers of newspapers and magazines aimed at a domestic
audience obtained foreign licenses. The Department of Censorship
in the Ministry of Information has the authority to censor or
halt their distribution.
The Supreme Constitutional Court still had not
reached a decision on a 1999 legal challenge to the constitutionality
of the Information Ministry's censorship of offshore publications.
The Supreme Constitutional Court began hearing the case in 2000
and held another hearing in January, but still had not issued
a decision by year's end.
The Penal Code, Press Law, and Publications Law
govern press issues. The Penal Code stipulates fines or imprisonment
for criticism of the President, members of the Government, and
foreign heads of state. The Supreme Constitutional Court agreed
in 1998 to review the constitutionality of those articles of the
Penal Code that specify imprisonment as a penalty for journalists
convicted of libel, but had not begun hearing the case by year's
end. The Press and Publication Laws ostensibly provide protection
against malicious and unsubstantiated reporting. In recent years,
opposition party newspapers have published within limits articles
critical of the President and foreign heads of state without being
charged or harassed. However, the Government continued to charge
journalists with libel. An editor-in-chief found to be negligent
could be considered criminally responsible for libel contained
in any portion of the newspaper.
During the year, the courts tried a number of prominent
cases of slander, filed both by government officials and private
citizens. For example, on March 1, a court of misdemeanors dismissed
a libel suit brought by businessman Naguib Sawaris in 2002 against
Adel Hamoud and Essam Fahmy, the editor and publisher of the tabloid
Sawt al-Umma.
On March 4, the misdemeanor court of appeals overturned
a lower court ruling fining the tabloid, Sawt el-Umma, $1,670
(10,000 LE) in another civil case brought by Sawaris.
On June 1, the Court of Cassation upheld a lower
court decision to imprison Mustafa and Mahmoud Bakry, the editor
and deputy editor of the tabloid al-Osboa, in a libel suit brought
by Mohamed Abdel Aal, head of the Social Justice Party and editor
of al-Watan al-Arabi newspaper. On June 24, the Bakry brothers
filed a motion to dismiss the case against them, noting Abdel
Aal's May 25 indictment by another court on charges of bribery
and extortion. The motion resulted in the Bakry's interim release.
On June 24 and 25, a civil court dismissed two
libel cases against Al-Osboa journalist Ateya Hussein, each seeking
$164,000 (1,000,000 LE) in damages.
On July 6, the office of the Public Prosecutor
began reviewing a libel case brought by Deputy Prime Minister
and Minister of Agriculture Youssef Wally against Ahmed Ezz Eddine,
a journalist from the tabloid Al-Osboa. Wally accused Ezz Eddine
of wrongly accusing him of perjury and corruption. On October
5, the Public Prosecutor referred the case to Cairo criminal court
for trial.
On July 20, a criminal court dismissed a libel
case brought by an academic official against journalist Mustafa
Soliman of the tabloid Al-Osboa.
On July 24, a State Security Emergency Court sentenced
Talaat Hashem, editor of Misr al-Fatah newspaper, to 1-year imprisonment
for publishing a newspaper without a license. Misr al-Fatah's
license was frozen in the mid-1990s, but the paper continued to
publish for some time.
On December 1, Mustafa Bakry, Chief Editor of the
tabloid al-Osboa, filed a lawsuit with the office of the Public
Prosecutor accusing activist Saad Eddin Ibrahim of working for
a foreign government in exchange for financial support. One week
later, Ibrahim filed a libel suit against Bakry. The investigation
was ongoing at year's end.
Under the law, the Public Prosecutor may issue
a temporary ban on the publication of news pertaining to cases
involving national security in order to protect the confidentiality
of the cases. The length of the ban is based on the length of
time required for the prosecution to prepare its case.
On December 30, the Public Prosecutor issued a
press ban on an ongoing corruption investigation involving the
director of the National Heart Institute.
The law provides penalties for individuals who
disclose information about the State during emergencies, including
war and natural disasters. The penalties include fines of up to
$1,000 (approximately 6,000 LE) and prison sentences of up to
3 years. There were no reports that the law was applied during
the year.
The law prohibits current or former members of
the police from publishing work-related information without prior
permission from the Interior Minister.
The law authorizes various ministries to ban or
confiscate books and other works of art upon obtaining a court
order. There were no court-ordered book confiscations during the
year. However, during the Cairo International book Fair in January,
the censorship department banned entry of copies of "Zorba
the Greek," by Nikos Kazantzakis, and "The Unbearable
Lightness of Being" and "Life is in Another Place"
by Milan Kundera, both printed in Arabic by a Lebanese publisher.
Other titles denied entry into the country were "The Yearning
Flying Creatures" by Edward Kharrat, "Satan's Paradise"
by Nawal el-Saadawi, and "Life is Better than Heaven"
a memoir by a repentant former member of the IG.
On June 23, the North Cairo Court overturned a
decision by the Public Prosecutors office to arrest author Mohamed
Abdel Salam El 'Amry and confiscate his book "Beauties: A
Novel of Knowledge." The court ordered the release of the
book and the writer.
On July 13, the South Cairo Court ordered the confiscation
of the book series "The Jurisprudence of the Sunna"
by the late Sheikh Mohammed Sayyed Sabek. The series was reprinted
by a publishing house without the permission of the heirs.
In December, following international expressions
of concern, the special collections section of the Alexandria
Library removed a copy of "The Protocols of the Elders of
Zion" from a display case. In a statement, the director of
the library denied allegations that the protocols had been displayed
next to the Jewish Torah, but nonetheless stated that the inclusion
of the protocols was a "bad judgment" and regretted
any offense the incident might have caused.
The Ministry of Interior regularly confiscated
leaflets and other works by Islamists and other critics of the
State. Members of the illegal Muslim Brotherhood also were arrested
in connection with publications (see Sections 1.d. and 3). In
many cases, the press reported that police confiscated written
materials such as leaflets during the arrests.
The Ministry of Interior sporadically prevented
specific issues of foreign-published newspapers from entering
the country on the grounds of protecting public order (see Section
1.f.). The Ministry of Defense may ban works about sensitive security
issues. The Council of Ministers may order the banning of works
that it deems offensive to public morals, detrimental to religion,
or likely to cause a breach of the peace.
The Government controlled and censored the state-owned
broadcast media. The Ministry of Information owned and operated
all ground-based domestic television and radio stations. Two private
satellite stations, al Mihwar and Dream TV, began broadcasting
in 2001 and operated without direct government interference. The
Government had a 20 percent financial stake in the first and a
10 percent stake in the second. The Government did not block reception
of foreign channels via satellite. The percentage of citizens
who received satellite television broadcasts has steadily grown
but remained small, while many coffee shops and other public places
offered satellite television.
Plays and films must pass Ministry of Culture censorship
tests as scripts and as final productions.
The Ministry of Culture censored foreign films
to be shown in theaters, but was more lenient regarding the same
films in videocassette format. Government censors ensured that
foreign films made in the country portrayed the country in a favorable
light. On June 9, the Censorship Authority banned the film "The
Matrix Reloaded" for public viewing. The authority justified
the ban by saying that it dealt with creation and existence, issues
considered religiously sensitive. The authority also cited the
film's "excessive violence."
On November 5, the authority banned from viewing
in the country the film "Bruce Almighty" "because
it incarnates the Almighty by an actor."
On December 5, the censorship authority announced
it would censor four Egyptian-made films featuring child actors
because they "exploit youngsters for commercial against and
contradict educational values." Censored scenes involved
drugs, improper language, or violence.
Government and private industry experts estimated
that approximately 2 million persons in the country were Internet
users. The Government did not restrict Internet use and did not
monitor citizens' Internet use on a broad scale, although law
enforcement officials resulted in some prosecutions for crimes
such as "incitement to commit debauchery" (see Section
1.f.).
During the year, other cases of arrest related
to the Internet also have included homosexuals in police "sting"
operations (see Sections 1.f. and 5).
The Government did not restrict directly academic
freedom at universities; however, deans were government-appointed
rather than elected by the faculty. The Government justified the
measure as a means to combat Islamist influence on campus. Unlike
in the past, the Government did not ban books for use on campuses
during the year.
Iran
The Constitution provides for freedom of the press,
except when published ideas are "contrary to Islamic principles,
or are detrimental to public rights;" however, the Government
restricted freedom of speech and of the press in practice. Since
the election of President Khatami, the independent press, especially
newspapers and magazines, played an increasingly important role
in providing a forum for an intense debate regarding reform in
the society. However, basic legal safeguards for freedom of expression
did not exist, and the independent press was subjected to arbitrary
enforcement measures by elements of the Government, notably the
judiciary, which treated such debates as a threat.
The Government continued to harass senior Shi'a
religious and political leaders and their followers who dissent
from the ruling conservative establishment. In July 2002, the
Friday prayer leader of Isfahan, Ayatollah Jalaleddin Taheri,
resigned and, in a written statement, said he could no longer
tolerate the corruption and repression of the country's clerical
leadership. The Supreme Leader of the Islamic Republic appoints
Friday prayer leaders, who are the senior religious authorities
in their districts. According to HRW, the conservative establishment
attempted to limit the damage by restricting coverage of Taheri's
statement.
In October, reformist parliamentarian and outspoken
critic Mohsen Armin was sentenced to 6 months in prison for insulting
a conservative parliament member, according to press reports.
The judge reportedly also stripped Armin of his "social rights"
for 1 year for not appearing in court. Armin ascribed his absence
from court to his assumption that he held parliamentary immunity.
At year's end, Armin had not been imprisoned.
In January 2002, reformist members of Parliament
staged a walkout to protest pro-reform Parliamentarian Hossein
Loqmanian's imprisonment, which led the Supreme Leader to pardon
him after he had spent several weeks in prison. In late 2001,
Loqmanian began serving a 13-month sentence for insulting the
judiciary. He became the first Majlis member to serve a jail sentence.
In spring 2001, security forces arrested parliament
member Fatima Haghighatjoo for inciting public opinion and insulting
the judiciary for criticizing the arrest of a female journalist
and claiming that the Government tortured prisoners. She was the
first sitting Majlis member to face prosecution for statements
made under cover of immunity. Haghighatjoo was sentenced to 17
months in prison, though she has not yet served time.
Newspapers and magazines represented a wide variety
of political and social perspectives, many allied with members
of the Government. Many subjects were tolerated, including criticism
of certain government policies. However, the Press Law prohibits
the publishing of a broad and ill-defined category of subjects,
including material "insulting Islam and its sanctities"
or "promoting subjects that might damage the foundation of
the Islamic Republic." Prohibited topics include fault-finding
comments regarding the personality and achievements of the late
Leader of the Revolution, Ayatollah Khomeini; direct criticism
of the Supreme Leader; assailing the principle of velayat-e faqih,
or rule by a supreme religious leader; questioning the tenets
of certain Islamic legal principles; publishing sensitive or classified
material affecting national security; promotion of the views of
certain dissident clerics, including Ayatollah Montazeri; and
advocating rights or autonomy for ethnic minorities.
The Press Law established the Press Supervisory
Board, which is composed of the Minister of Islamic Culture and
Guidance, a Supreme Court judge, a Member of Parliament, and a
university professor appointed by the Minister of Islamic Culture
and Guidance. The Board is responsible for issuing press licenses
and for examining complaints filed against publications or individual
journalists, editors, or publishers. In certain cases, the Press
Supervisory Board may refer complaints to the Press Court for
further action, including closure. Its hearings were conducted
in public with a jury composed of clerics, government officials,
and editors of government-controlled newspapers. The jury was
empowered to recommend to the presiding judge the guilt or innocence
of defendants and the severity of any penalty to be imposed, although
these recommendations were not legally binding.
Since 2000, approximately 100 newspapers and magazines
have been closed for varying lengths of time. In the last few
years, some human rights groups asserted that the increasingly
conservative Press Court assumed responsibility for cases before
Press Supervisory Board consideration, often resulting in harsher
judgments. Recent efforts to amend the press laws have not met
with success, although in October, parliament passed a law limiting
the duration of temporary press closures to a maximum of 10 days
for newspapers, 4 weeks for weeklies or bi-weeklies, 2 months
for monthlies, and 3 months for other publications. The importance
of the legislation was to stop the practice of extending "temporary"
bans indefinitely.
Public officials frequently lodged complaints against
journalists, editors, and publishers. Offending writers were subject
to lawsuits and fines. Suspension from journalistic activities
and imprisonment were common punishments for guilty verdicts for
offenses ranging from "fabrication" to "propaganda
against the State" to "insulting the leadership of the
Islamic Republic."
Freedom of the press continued to deteriorate during
the year. Many newspapers and magazines were closed, and many
of their managers were sentenced to jail and, sometimes, lashings.
Several dozen pro-reform newspapers continued to publish, most
with heavy self-censorship. When shut down, others often opened
to take their place. A number of Internet news sites continued
to operate from outside the country. There is little information
on the extent of readership inside the country.
Dozens of individual editors and journalists have
been charged and tried by the Press Court in recent years, and
several prominent journalists were jailed for long periods without
trial. Others have been sentenced to prison terms or exorbitant
fines. At year's end, at least 10 journalists, editors, and publishers
remained in prison, according to Reporters Without Borders (RSF).
Journalists imprisoned during the year include: Ali-Reza Jabari,
arrested in March and sentenced to 3 years in prison and 253 lashes;
Iraj Jamshidi, imprisoned without trial and held mostly in isolation
since July; Taghi Rahmani, held in solitary confinement since
June and reportedly sentenced in a separate case to 13 years in
jail; and Reza Alijani and Hoda Saber, both held since June, and
reportedly sentenced in separate cases to 6 and 10 years, respectively.
In October, journalist Mohsen Sazgara was released from jail amid
rumors of ill health, after 4 months in prison on charges of inciting
protest.
In January, the judiciary halted efforts by deputy
speaker of the Majlis, Mohammad-Reza Khatami, to re-open the banned
newspaper Norouz under the new name Rouz-e No, by extending the
6-month ban on the original publication. Khatami was slated to
replace former Norouz editor and parliament member Mohsen Mirdamadi,
who was sentenced despite parliamentary immunity in May 2002 to
6 months in jail and banned from practicing journalism for 4 years
for "insulting the state, publishing lies, and insulting
Islamic institutions." At year's end, there were no reports
that Mirdamadi had been imprisoned.
In January, the newspaper Hayat-e No was banned
and editor Alireza Eshraghi arrested after the paper reprinted
a 1937 U.S. cartoon about President Franklin Roosevelt's battle
with the Supreme Court. The authorities deemed that the judge
portrayed too closely resembled the late Ayatollah Ruhollah Khomeini.
The daily Hamshahri was also temporarily suspended in January
after refusing to print an article from the chief of a state-run
trade union.
In January, the Press Court also closed the reformist
daily Bahar after the newspaper ran an article about a company
whose shareholders include former president Hashemi Rafsanjani,
former judiciary head Ayatollah Yazdi, and Ahmad Janati, head
of the Council of the Guardians of the Revolution. Bahar was first
closed in 2000 and had only re-opened in December 2002.
In February, according to AI, Abbas Abdi and Hussein
Qazian, were sentenced to 8 and 9 years, respectively, in the
National Institute for Research Studies and Opinion Polls case.
In April, an appeals court reduced the sentences to 4 years and
6 months for each. The third defendant in the case, Behrouz Geranpayeh,
was reportedly released on bail in January, pending a final ruling.
The case originated in October 2002, when the judicial authorities
closed the Institute which had found in a poll commissioned by
the Majlis that a majority of citizens supported dialogue with
the United States. The defendants were charged with spying for
the United States, illegal contacts with foreign embassies, working
with anti-regime groups, and carrying out research on the order
of a foreign polling organization. Government intelligence officials
had publicly stated that the accused were not spies. According
to press reports, President Khatami also rejected the charges,
stating that the Intelligence and Foreign Ministries had cleared
the pollsters' work. Reformist parliamentarians were reportedly
barred from the court and the defendants were not allowed to see
their families or their attorneys.
In October, RSF reported that the Government closed
the newspaper Avay-e Kordestan, marking the first time a Kurdish
language newspaper was banned in the country.
The Government directly controlled and maintained
a monopoly over all television and radio broadcasting facilities;
programming reflected the Government's political and socio-religious
ideology. Because newspapers and other print media had a limited
circulation outside large cities, radio and television served
as the principal news source for many citizens. Satellite dishes
that received foreign television broadcasts were forbidden; however,
many citizens, particularly the wealthy, owned them. In December
2002, the Majlis passed a bill legalizing private ownership of
satellite receiving equipment. However, the Guardians Council
rejected the legislation in January on constitutional and religious
grounds. The Government reportedly acted to block foreign satellite
transmissions during the year using powerful jamming signals (see
Section 1.f.).
The Ministry of Islamic Culture and Guidance was
in charge of screening books prior to publication to ensure that
they did not contain offensive material. However, some books and
pamphlets critical of the Government were published without reprisal.
The Ministry inspected foreign printed materials prior to their
release on the market. In August, author of "Iran's women
Musicians," Toka Maleki, its publisher Jaafar Homai, and
cultural critic Banafsheh Samgis received prison terms for publishing
and publicly commenting on the book, which was deemed to contain
"lies" about Islamic history. Translator of the book,
"Women behind Veil and Well-Dressed Men," Maliheh Moghazei
and Ministry of Culture and the Islamic Guidance Director General
Majid Sayyad also received prison terms in connection with the
book's publication.
The Government effectively censored domestic films,
since it remained the main source of production funding. Producers
must submit scripts and film proposals to government officials
in advance of funding approval. However, such government restrictions
appeared to have eased in recent years.
The Government censored Internet sites. In May,
a government spokesman acknowledged state attempts to block access
to "immoral" websites. The judiciary also announced
the creation of a special unit to handle Internet-related issues.
According to press reporting, the judiciary highlighted over twenty
subject areas to be blocked, including: insulting Islam, opposing
the Constitution, insulting the Supreme Leader or making false
accusations about officials, undermining national unity and solidarity,
creating pessimism among the people regarding the Islamic system,
and propagating prostitution and drugs.
The Government restricted academic freedom. Government
informers were common on university campuses. Admission to universities
was politicized; all applicants had to pass "character tests"
in which officials screened out applicants critical of the Government's
ideology. To obtain tenure, professors had to refrain from criticism
of the authorities.
Israel
The cumulative rulings of the Supreme Court provide
for freedom of speech. The Prevention of Terrorism Ordinance of
1948 prohibits persons from expressing support for illegal organizations.
On occasion, the Government prosecuted persons for allegedly speaking
or writing on behalf of terrorist groups.
All newspapers were privately owned and managed.
Newspaper licenses were valid only for Israel; separate licenses
were required to distribute publications in areas in the occupied
territories still under the Government's authority. There were
12 daily newspapers, 90 weekly newspapers, more than 250 periodical
publications, and 8 Internet news sites.
Directed by a government appointee, the quasi-independent
Israel Broadcast Authority controlled television Channel 1 and
Kol Israel (Voice of Israel) radio, both major sources of news
and information. There were two privately owned commercial television
channels. The Second Television and Radio Authority, a public
body that also supervised 14 private radio stations, supervises
both channels. There were five cable television companies that
carried both domestic and international networks and produced
shows specifically for the Israeli audience.
In 2001, the Attorney General announced that he
would file an indictment against Knesset Member Azmi Bishara for
making statements perceived by some as supportive of Hizballah
during Bishara's June visit to Syria (a country still in a state
of war with Israel) and during a 2000 visit to the Israeli-Arab
city of Umm al-Fahm. In November 2001, the Knesset voted to lift
Bishara's immunity so that he could face prosecution. In November,
the Nazareth Magistrate Court decided in a preliminary hearing
to uphold the charges against Bishara. At year's end, the case
was still pending.
The law prohibits hate speech and incitement to
violence and individuals, groups, and the press freely addressed
public issues and criticized government policies and officials
without reprisal. In the past, the Government has investigated
a significantly higher number of Arab Members of the Knesset (MKs)
than Jewish MKs for the use of hate speech and incitement to violence;
however, during the year, there were no reports that the Government
investigated any Arab or Jewish MK.
In November, a three-member Supreme Court panel
unanimously ruled that the Film Censorship Board's decision to
prohibit the screening of the film "Jenin, Jenin" violated
freedom of speech. The film depicts fighting in the West Bank
refugee camp of Jenin during April 2002. In response to an appeal
by the Attorney General, the State Prosecutor, soldiers who fought
in Jenin, and families of soldiers who died there, the Supreme
Court issued a temporary injunction in December barring the screening
of the controversial film until the court decided whether to rehear
the case before an expanded panel. Critics claimed that the film
contains lies about the events and incites violence against Israel.
The law provides for freedom of the press, and the
Government generally respected this right in practice. The law
authorizes the Government to censor any material reported from
Israel or the occupied territories that it regards as sensitive
on national security grounds. Foreign correspondents and news
agencies complained of harassment by the Government Press Office
(GPO), which falls under the Prime Minister's office. Specifically,
foreign agencies complained that their Palestinian employees,
whom the agencies claimed were necessary for adequate coverage
of events in the territories, were denied press cards (and thereby
unable to travel unhindered in the occupied territories) for no
valid reason. Since January 2002, the Government has denied press
credentials to all Palestinians, based on security grounds. Press
credentials were not required in Israel or the occupied territories;
however, they were important to facilitate access to official
events. As a general rule, Israeli journalists/technicians cover
the occupied territories only under IDF protection.
Foreign and domestic media harshly criticized the
GPO's proposed eligibility rules for Israeli and foreign journalists
as a Government attempt to control the press. The new eligibility
rules published in November would have required Israeli and foreign
journalists to fill out a 25-page application as well as to a
pay a fee. The GPO would provide copies of the applications to
the ISA for security checks while the GPO examined them. The GPO
indicated that it could revoke passes already granted if the ISA
found unspecified derogatory information. In the past, only Palestinian
journalists were subject to a vetting process by the ISA. After
meeting with press representatives, the GPO rescinded the controversial
rules.
The security forces detained without charge several
foreign media employees. On April 24, security forces arrested
without charge Agence France-Presse photographer Hossam Abu Alan,
and on April 30, Reuters cameraman Yusri Al Jamal. Both were released
6 months later without charge. Abu Alan's equipment was confiscated
and never returned. Security forces also detained without charge
other Palestinians working for foreign agencies. Most were released
shortly thereafter. None were charged and they were told only
that their detention was based on their alleged assistance to
terrorist organizations.
In 2002, the Ministry of Interior closed an Israeli-Arab
newspaper, Sawt al-Haqq Wal-Hurriya. The newspaper was affiliated
with the northern branch of the Islamic movement in the country
and had previously published articles the Government believed
supported terrorism. The newspaper has since been allowed to open
and continued to publish regularly during the year. A censorship
agreement between the Government and media representatives, and
applicable to all media organizations in the country, provided
that military censorship was to be applied only in cases involving
national security issues that had a near certainty of harming
the country's defense interests. All media organizations may appeal
the censor's decision to the High Court of Justice. Moreover,
a clause prohibits the military censor from closing a newspaper
for censorship violations and from appealing a court judgment
against it. News previously printed or broadcast abroad may be
reported in Israel without the censor's review, which permits
the media to run previously censored stories that have appeared
in foreign sources.
During the year, journalists and professional journalist
groups claimed that the Government placed limitations on their
freedom of movement within the occupied territories, between the
West Bank and Gaza, and between the occupied territories and Israel
during violent unrest. The Government and security forces have
stated that they did not target journalists due to their profession;
however, three journalists were killed, and at least five were
injured while covering events in the occupied territories during
the year (see Section 2.a. of the annex).
The GPO, on security grounds, required foreign journalists
to sign an agreement stating that they would submit to the military
censor certain news stories and photographs; however, they rarely
were challenged for not doing so. In practice, foreign and Israeli
journalists sometimes submitted articles and photographs for military
censorship; however, the requirement was not systematically followed
or enforced, live broadcasts precluded such submission. The military
censor decides whether a violation has occurred after the fact.
In December, two major Israeli papers were fined for failing to
submit material to the censor.
The Government generally respected academic freedom;
however, the Government continued to interfere with the education
of Israeli-Arab students because a member of the ISA monitored
and approved the appointment of teachers and administrators in
Arab schools.
Jordan
The Constitution provides for freedom of speech
and of the press; however, the Government imposed some restrictions
on these rights in practice. The Government detained and restricted
journalists based on the provisions of a 2001 law broadening its
authority; however, in April the Government repealed some of these
amendments.
The Press and Publications Law and the Press Association
Law imposed stringent restrictions on the operation of newspapers.
The Government also intimidated journalists to encourage self-censorship.
Citizens may be prosecuted for slandering the royal family, the
Government, or foreign leaders, and for "sowing sedition."
Citizens generally did not hesitate to criticize the Government
openly, but exercised caution with regard to the King, the royal
family, and the GID. The Press and Publications Law and the law
governing the Jordan Press Association (JPA) require membership
in the JPA for persons to be considered "legal" journalists
or editors, thus potentially excluding dozens of practicing journalists
from the profession. During the year, the Government selectively
enforced this provision, allowing several journalists and editors
who are not members to work in their respective fields.
In November, the Government allegedly censored
a political cartoon in the weekly newspaper Al-Wahda. The Government
denied the charge, and some commentators accused Al-Wahda's editor,
Mowaffaq Mahadeen, of trying to get the Government to shut down
his publication to suit his own needs. In September, the general
prosecutor of the State Security Court reportedly banned the September
23 issue of Al-Wahda.
The Press and Publications Law granted the Government
wide discretionary powers to issue fines, withdraw licenses, order
shutdowns, and control the editorial content of newspapers. However,
the 1999 amendments to the Press and Publications Law limited
to some extent the Government's discretion to issue fines, transferred
the power to withdraw licenses to the judiciary, limited significantly
the Government's power to order shutdowns, allowed journalists
to cover court proceedings unless the court ruled otherwise, and
required publications to be licensed. The Law imposed strict limits
on publications, which gave the Government broad leeway to impose
sanctions. The law also requires that the editor in chief of a
newspaper be a citizen who permanently resides in the country
and a member of the JPA for at least 4 years. Journalists allege
that the Government uses informants and censors at printing presses
to inform the Government if particularly objectionable material
is slated for print in the news media.
The 2001 amendments to the Penal Code reinforced
existing restrictions on free speech and allowed for the prosecution
of any person found to have written, published, or aired any statements
that could be construed to harm or incite to harm or insult individuals
or "the state's reputation and dignity." Imprisonment
of 3 years is punishment for defamation of the King or Royal Family.
In April, the Government repealed the amendments giving the State
Security Court the authority to temporarily or permanently close
any media outlet that published or aired any such statements,
and providing for the automatic subjection of the laws' violators
to trial before the Court.
Journalists also may be prosecuted before the State
Security Court for criminal and security violations. Although
a substantial number of cases were dismissed before trial, some
cases lingered in the courts for years. The Government routinely
used detention and prosecution or the threat of prosecution to
intimidate journalists into self-censorship (see Section 1.d.).
On February 17, three journalists were sentenced
for "blaspheming the Prophet Mohammad" in an article
that insulted the Prophet Mohammad and contained "false rumors,"
"insulted the dignity of the state," and caused instability--all
of which are crimes under the penal code. The article drew strong
criticism from Islamist politicians. The court closed the publication
for 2 months and the three were sentenced to prison terms ranging
from 2 to 6 months. The journalists had been detained since January
16. On February 18, two of the journalists, Nasser Qamash and
Roman Haddad, were released. After serving his sentence, the article's
author, Mohannad Mubaidin, was released and continued to practice
journalism.
In 2002, the editor and publisher of the weekly
Al-Bilad were detained for publishing "false news" and
later released.
In April 2002, Al-Jazeera correspondent Mahmoud
Al Housa was detained for 3 days, apparently under the provisions
of the Press law. In the same month a local newspaper reporter
covering demonstrations in Sweileh claimed that he was detained,
threatened, and "manhandled" by government security
forces (see Section 1.c.). In August 2002, he claimed that government
authorities seized his passport and threatened him with prosecution.
In August 2002, the Government closed the local
office of Al Jazeera network and suspended the media credentials
of local correspondents. The office reopened in March.
Also in August 2002, journalist Mamoun Al Rousan,
editor-in-chief of the weekly Al Jazeera, was arrested and detained.
Both Al Roussan and his publisher, Sakher Abu Anzeh, were held
for 1 week.
In 2001, the Government arrested seven members
of the Anti-Normalization Committee, a group that opposes the
country's relations with Israel, on charges of belonging to an
illegal group (see Section 2.b.). The State Security Court also
charged two of the seven with possession of explosives and with
terrorist activities. All seven detainees were released on bail
while awaiting trial. The trials had not yet begun by year's end.
The related trial of journalists Ma'moun Al Roussan and Abdel
Naser Hourani was still ongoing.
The Press and Publications Department continued
to enforce bans on the publication of a number of books within
the country. Books were banned based on religious, moral and political
objections.
High taxes on media and tariffs on paper caused
journalists to reduce the size of their publications. Journalists
also criticized the Government for advertising predominantly in
newspapers in which the Government owned shares.
The law provides foreign media operations freedom
of expression and the Government did not block the entry of foreign
publications during the year.
Radio and television news broadcasts were more
restricted than the print media. The Government was the sole broadcaster
of radio and television programs. Under commercial agreements
with each entity, the Government broadcasts the regional programs
of the British Broadcasting Corporation, the London-based Middle
East Broadcasting Center, Radio Monte Carlo, and Radio Sawa. Jordan
Television (JTV) reported only the Government's position on controversial
matters. International satellite television and Israeli and Syrian
television broadcasts were available and unrestricted.
The GID actively investigated Internet reports
of "crimes against the King." In 2002, the Government
restored access to two overseas websites that it had blocked within
the country. There were additional reports of government interference
with Internet access this year, including several websites that
appear to have been blocked.
The Government limited academic freedom. Some academics
claimed that they received frequent threats of dismissal. During
the year, sources in the academic community claimed that there
was an ongoing intelligence presence in academic institutions.
In June 2002, three universities dismissed eight professors without
explanation, although most suspected that the Saudi-educated professors
were dismissed because of their political views or background.
During the same year, four of the professors were reinstated.
During the year, Jordan University continued its
policy of granting the president of the University the authority
to appoint half of its 80-member student council, including the
chair. The amendment was viewed widely as an effort to curb the
influence of campus Islamists. Many students, including non-Islamists,
continued to object to the University's decision.
Kuwait
The Constitution provides for freedom of speech
and the press; however, several laws empower the Government to
impose restrictions on freedom of speech and of the press, and
journalists practice self-censorship. With some exceptions, citizens
are free to criticize the Government at public meetings and in
the media. The Press Law prohibits the publication of any direct
criticism of the Amir, official government communications with
other states, and material that serves to "attack religions"
or "incite people to commit crimes, create hatred, or spread
dissension among the public."
In May, the Government presented a new draft press
law that would severely restrict press freedom by giving the Government
power to close printing presses, veto advertisements, suspend
publication of newspapers, and subject articles to pre-publication
censorship (a practice the Government banned in 1992). Local newspapers
sharply criticized the proposed law. At year's end, the National
Assembly had not voted on it.
In June, the Government filed charges against the
publisher and editor in chief of a prominent newspaper for "challenging
the authority of the Amir" after the editor in chief stated
publicly that unnamed members of the ruling family were interfering
in the parliamentary election campaign (see Section 3). The case
has not yet gone to court. The Government, through the Ministry
of Information, threatened to impose penalties against individual
publishers and editors believed to have criticized government
policies or discussed subjects deemed offensive to Islam, tradition,
or the State. In December, police arrested, detained, and interrogated
a citizen for producing and distributing an audiotape allegedly
defaming the Prophet Mohammed's companions. The Public Prosecutor
ordered the suspect to remain in police custody pending further
investigation. A local newspaper reported that the suspect allegedly
fell ill during interrogation and was admitted to a local hospital.
At year's end, the Court of Misdemeanor sentenced the citizen
to 1 year in jail and imposed a $3,500 (1,000KD) fine for "insulting
the companions of the Prophet Mohammed."
The country has five Arabic and two English language
daily newspapers. All newspapers are independent, privately owned,
and free to report on social, economic, and political issues.
Many frequently criticized government policies and officials,
including the Prime Minister and Cabinet members. In June, an
editorial in the largest-circulation Arabic daily openly debated
the issue of separating the post of Prime Minister from that of
the Crown Prince (see Section 3). In 2002, the National Assembly
questioned the then Finance-Minister publicly on allegations of
corruption in his ministry after a popular local newspaper published
articles criticizing the minister and his conduct. Press accounts
during the year that criticized the Government led to National
Assembly members calling for formal question sessions of several
Cabinet members.
The Government ended pre-publication censorship
in 1992, but journalists still censored themselves. Direct press
criticism of the Cabinet's foreign, domestic, and security policies
continued.
In November 2002, the Government closed down the
offices of and expelled independent Qatar-based Arab satellite
network Al Jazeera on allegations of misrepresentation of information
about Kuwait.
Publishers must obtain an operating license from
the Ministry of Information to begin newspaper publications. Publishers
may lose their license if their publications do not appear for
6 months, which prevents publishers from publishing sporadically.
Individuals also must obtain permission from the Ministry of Information
before publishing any printed material, including brochures and
wall posters. There were no reported cases of the Ministry of
Information denying permission to publish printed material during
the year.
In December, security officials arrested a police
officer for reportedly verbally and physically assaulting a journalist.
There were no other specific reports of security forces subjecting
journalists to violence or harassment during the year; however,
in 2002, police confiscated film belonging to a press photographer
covering a public disturbance. Police officials did not provide
any explanations regarding the action taken towards the press
photographer. In 2002, a police officer was sentenced to death
for the 2001 killing of a news editor.
Fawwaz Muhammad Al-Awadi Bessisso and Ibtisam Berto
Sulaiman Al-Dakhil, two journalists, were sentenced to life in
prison in 1991 because of their work with a newspaper that published
under Iraqi occupation. The Government deported one of the journalists
to France during the year. The other reportedly departed the country
in October.
The Government facilitated visas, established a
press center, organized trips to closed military areas, and granted
interviews to foreign journalists.
The law requires jail terms for journalists who
defame religion (see Section 2.c.). The law provides that any
Muslim citizen may file criminal charges against an author if
the citizen believes that the author has defamed Islam, the ruling
family, or public morals. Often, citizens filed such charges for
political reasons.
The Government owns and controls local radio and
television companies. Satellite dishes are widely available and
operate without restriction. However, the Ministry of Information
censored all books, films, videotapes, periodicals, and other
imported publications deemed morally offensive. The Ministry of
Information censored media for political content and did not grant
licenses to political magazines. The General Organization of Printing
and Publishing controlled the publication and distribution of
all informational materials.
The Internet is available but access is limited.
According to the latest U.N. statistics, there were approximately
120 personal computers per 1,000 people but only about 23 websites
per 10,000 people and an estimated 50,000 Internet users. The
Government imposed controls on Internet content in 2002 and threatened
to shut down many private Internet cafes for noncompliance with
new restrictive regulations. The Ministry of Communications issued
new directives in 2002 to Internet service providers to block
some political sites and some deemed immoral. Internet providers
installed filtering technology. Following the 2002 raid of 19
Internet cafes, the Ministry of Communications requires cafe owners
to obtain the names and civil identification numbers of customers
and to submit the information to the Ministry upon request. The
law provides for a $162,500 (50,000 dinars) bond.
The Constitution provides for freedom of opinion
and of research, and states that every person shall have the right
to express and propagate his opinion verbally, in writing, or
otherwise. Academic freedom is limited by self-censorship, and
academics were legally prohibited from criticism of the Amir or
Islam
Lebanon
The Constitution provides for freedom of speech
and of the press; however, the Government limited these rights
in practice, particularly by detaining and charging activists
critical of government policies and by intimidating journalists
and broadcasters into practicing self-censorship. The Government
censored television and radio broadcasts on a case-by-case basis.
Despite repeated attempts to restrict freedom of
opinion and speech during the year, daily criticism of government
policies and leaders continued. Dozens of newspapers and hundreds
of periodicals were published throughout the country and were
financed by various local and foreign groups. The press was privately
owned, and press content often reflected the opinions of financial
backers.
The Government continued to restrict radio and
television broadcasts in a discriminatory manner. There were 7
television stations and 37 radio stations. The Government owned
one television and one radio station; the remaining stations were
owned privately. Inexpensive satellite television was available
widely.
Although the Government did not censor broadcasts
directly, government officials exerted pressure on journalists
to practice self-censorship. In November 2002, the Government
pressured the Lebanese Broadcasting Corporation International
(LBCI) not to air a talk show that was to include an outspoken
opposition figure. During 2002, the Government also pressured
the media not to report on the arrest in Syria of an al-Hayat
correspondent.
The Government had several legal mechanisms at
its disposal to control freedom of expression. The Surete Generale
was authorized to censor all foreign magazines and nonperiodical
works, including plays, books, and films, before they were distributed
in the market. 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,
a special tribunal empowered to try such matters. Moreover, the
1991 security agreement between the Government and Syria contained
a provision that effectively prohibits the publication of any
information deemed harmful to the security of either state. In
view of the risk of prosecution, journalists censored themselves
on matters related to Syria.
During the year, the Government continued to harass,
abuse, and detain journalists. On March 12, Adonis Akra, author
of a book entitled "When My Name Became 16: 15 Days in Detention,"
was banned from attending the signing ceremony at a book festival.
Prosecutor General, Adnan Addoum, indicated that Akra signed a
petition pledging neither to publish his book nor to participate
in any advertising activity for the book. Akra was among those
arrested during a 2001 opposition crackdown. Akra and the owner
of the publishing house were referred to the Publication Court
for harming the army, the judiciary, the political authority,
and the country's relations with a sisterly nation. The court
had begun a hearing process by year's end; however it was unclear
when a verdict would be issued.
On July 23, upon instruction of the Prosecutor
General, Beirut Public Prosecutor Joseph Maamari charged Amer
Mashmushi, the managing director of daily al-Liwa, with defaming
the President of the Republic. If convicted, Mashmushi could serve
a sentence of up to 2 years imprisonment and a fine of up to $60,000
(90 million pounds). The case remained pending in court at year's
end.
On November 3, Beirut Chief Investigating Judge
Hatem Madi formally indicted self-exiled former general Michel
'Awn and charged him under Article 288 of the Penal Code for making
statements unauthorized by the Government which could harm the
country's relations with a sisterly nation, spreading false news
abroad, aggravating sectarian tensions, and impersonating a high
civilian government official when he testified before a foreign
government. If convicted, 'Awn could face imprisonment for up
to 15 years and be banned from returning to the country. The case
was referred to court, which had not taken any action by year's
end.
There were no new developments in the 2002 censorship
lawsuits against the Saudi-owned daily Asharq al-Awsat and the
International Herald Tribune (IHT) for a pro-Israeli advertisement
of the Anti-Defamation League.
On February 21, the Beirut investigating judge
issued a permanent search warrant to disclose the names of persons
responsible for running a pro-Israeli advertisement in the IHT.
The judge also dropped charges brought against the publisher and
editor-in-chief of the local English newspaper Daily Star, who
was the legal representative of IHT in the country.
In 2002, the Beirut Public Prosecutor filed a lawsuit
against the chairman and news editor of LBCI for having "instigated
sectarian discord and threatened civil peace" during its
coverage of a shooting incident in which eight employees of the
Ministry of Education were killed. The case remained pending in
court at year's end. In 2002, the Beirut Public Prosecutor charged
the Murr Television Station (MTV), its political news director,
and the host of the "Referendum" political talk show
with "broadcasting material whose nature is to damage ties
to a sisterly nation" (Syria) and "assailing the dignity
of the President, slandering the security services and undermining
social order." At year's end, the cases against the news
director and the talk show host remained pending.
At year's end, MTV and Radio Mount Lebanon (RML)
remained closed. On April 23, the Lebanese Publication Court of
Cassation ruled against reopening MTV and RML, marking the end
of a series of appeals to reverse the September 2002 closure decision.
Both had been closed in 2002 under the Parliamentary Election
Law, which stipulates closure for broadcasting election propaganda
during campaigns.
During 2002, State Prosecutor Addoum announced
that he would examine declarations, including TV interviews and
press statements, made by opposition members in the country and
abroad after the Christian Maronite World Congress held in Los
Angeles in June in search of elements which could incriminate
them. This included statements about Syria and the Syria Accountability
Act. Addoum ordered security agencies to gather information about
opposition activities outside of the country.
There was no action taken in the 2001 cases of:
Joseph Nasr, the editor-in-chief of the daily newspaper An-Nahar;
Rafi Madayan; and the weekly newspaper Al-Watan Al-Arabi.
In general, the Government did not restrict Internet
access, and it was used widely.
The Government did not restrict academic freedom,
and the country had a strong private educational system.
Libya
The Government severely limited the freedoms of
speech and of the press. This was especially true with regard
to criticism of Qadhafi or his Government. The occasional instances
of criticism of political leaders and policies in the state-controlled
media usually were government attempts to test public opinion
or weaken a government figure who may be a potential challenger
to Qadhafi. The authorities tolerated some difference of opinion
in People's Committee meetings and at the GPC.
By year's end, the Government still had not responded
to requests on the whereabouts of the journalist Abdullah Ali
al-Sanussi al-Darat, who has been detained without trial or charges
brought against him since 1973 (see Section 1.d.).
In October, the Government banned the newspaper
Az-Zahf Al-Akhdar for 2 weeks following its criticism of Lebanese
Shi'ite paries and politicians. Following the 2 week ban, a new
editor was appointed.
The Government restricted freedom of speech by
prohibiting all political activities not officially approved,
by enacting laws so vague that many forms of speech or expression
may be interpreted as illegal, and by operating a pervasive system
of informants that created an atmosphere of mistrust at all levels
of society (see Section 1.f.).
The Government owned and controlled the media.
There was a state-run daily newspaper, Al-Shams, with a circulation
of approximately 40,000. Local Revolutionary Committees published
several smaller newspapers. The official news agency, JANA, was
the designated conduit for official views. The Government did
not permit the publication of opinions contrary to its policy.
Such foreign publications as Newsweek, Time, the International
Herald Tribune, L'Express, and Jeune Afrique were available, but
authorities routinely censored them and had the power to prohibit
their entry into the market.
The Internet and satellite television were widely
available in the country. According to numerous anecdotal reports,
both were accessed easily in Tripoli.
The Government restricted academic freedom. Professors
and teachers who discussed politically sensitive topics faced
the risk of government reprisal.
Morocco
The Constitution provides for freedom of expression;
however, Article 41 of the anti-terrorist law as well as the Press
Code permits prison sentences and financial penalties for journalists
and publishers who violate its restrictions on defamation, libel
and discussion regarding three topics: the Monarchy; territorial
integrity, i.e., advocating independence for the Western Sahara;
and Islam. The Press Code lists threats to public order as one
of the criteria for the censor to consider. Within these limits,
newspapers and weeklies were published across the political spectrum
and were sometimes critical of government policies.
The Government controlled the media generally through
directives and guidance from the Ministry of Interior. Publications
that were judged offensive could be confiscated or indefinitely
suspended. The Government may censor newspapers directly by ordering
them not to report on specific items or events. The Government
registered and licensed domestic newspapers and journals and could
use the licensing process to prevent the publication of materials
that exceeded its threshold of tolerable dissent. The Ministry
of Interior controlled foreign publications by removing banned
publications from circulation.
On May 21, journalist Ali Lmrabet was sentenced
under the press code to 4 years imprisonment and fined $2000 (20,000
DH) for disrespect to the King, disparaging the monarchy, and
challenging the country's territorial integrity. Lmrabet began
a hunger strike before his trial, which he continued for 54 days.
On June 17, his sentence was reduced to 3 years on appeal.
Five other journalists received sentences for various
offenses. On June 5, Mustapha Alaoui, editor of the newspaper
Al Usbua was arrested after his newspaper published a statement
from an organization called Assaiqa that claimed to be involved
in some of the May 16 attacks. The Government argued that his
actions undermined public security. Alaoui, who was not jailed,
received a 1-year suspended sentence, a fine of $50 (500 DH),
and his newspaper was banned for 3 months.
Three journalists from the northern town of Oujda
were arrested on June 10 for publishing an interview in the journals
Al Hayat Al Maghribya and Al Sharq in which an alleged member
of the extremist movement-Salafiya Jihadiya described the May
16 suicide attackers as martyrs and discussed the history of the
Islamist movement in the country and its relationship with the
DST. Two of the journalists, Abdel Majid Ben Taher and Mustapha
Kechnini, were sentenced on August 4 to 2-year prison terms, but
were free at year's end on appeal. Another journalist, Mohamed
Al Herd, director of the Asharq newspaper was sentenced to a 3-year
imprisonment in August for re-printing the interview linking the
security services with the May 16 attacks.
On May 21, the Government banned under the provisions
of the Press Code the publication of Lmrabet's weeklies, the French
language Demain and the Arabic language Doumain, the Arabic language
publication Al Usbua and the Arabic language publication Asharq,
for articles or cartoons viewed as defaming the monarchy or violating
the new antiterrorism law
The law requires the Ministry of the Interior to
justify to the courts any seizure or banning of domestic or foreign
publications, suspension of the publisher's license, or destruction
of equipment. The law provides for 3 to 5 year jail sentences,
fines, and payment of damages for newspaper officials found guilty
of libeling public officials.
There were approximately 2,000 domestic and foreign
newspapers, magazines, and journals in circulation during the
year. The Government owned the official press agency, Maghreb
Arab Press (MAP), and the Arabic daily newspaper, Al-Anbaa. The
Government also supported two semiofficial dailies, the French-language
Le Matin and the Arabic-language Assahra Al Maghribia. In addition,
the Government subsidized the press through price controls for
newsprint and office space. The Government generally tolerated
satirical and often stinging editorials in the opposition parties'
dailies. The media continued to engage regularly in self-censorship
to avoid possible sanctions.
The Government owned Moroccan Radio-Television
(RTM). Another major broadcaster was the French-backed Medi-1,
which operated from Tangier. While nominally private and independent,
Medi-1 practiced self-censorship, as do other media outlets. A
government-appointed committee monitored broadcasts. The Government
owned the only television stations whose broadcasts could be received
in most parts of the nation without decoders or satellite dish
antennas. Dish antennas were in wide use throughout the country.
The Government did not impede the reception of foreign broadcasts
during the year. In December, parliament passed an Audio Visual
Law that is designed to encourage private investment in broadcast
media.
During the year, the Government continued to block
the publication of newspapers of the Islamist Justice and Charity
Organization (JCO), Al Addle Awl Insane and Rissalat Al Foutuwa.
The authorities blocked two of the JCO's websites at the same
time and cut domestic access to them.
During 2001, the Government banned two publications:
Le Journal and Assahifa. However, these publications continued
to circulate with name changes from le Journal to le Journal Hebdo
and Assahifa to Assahifa Al Ousbiya. Unlike in previous years,
there were no libel awards to government figures during the year.
The press also published unflattering and critical
articles that would have been censored previously. The press openly
reported on topics such as government corruption and financial
scandals, sensitive human rights cases, harsh prison conditions,
torture, poverty, prostitution, violence against women, exploitation
of child maids, and sexual abuse of children. There were also
articles critical of Morocco's diplomatic efforts on the Western
Sahara issue.
Books that openly criticized the country's past
sold freely except for five related to disappearances and the
regime of King Hassan II.
The Government did not block Internet access generally,
apart from JCO's websites.
The Government restricted academic freedom. There
was no open debate on the monarchy, the Western Sahara, and Islam.
Government informers monitored campus activities, mostly Islamist,
and the Ministry of Interior approved the appointments of rectors
(see Section 1.f.).
Oman
The Basic Charter provides for freedom of speech
and of the press; however, the Government generally restricted
these rights in practice. The law prohibits criticism of the Sultan
in any form or medium. The authorities tolerated criticism of
government officials and agencies, particularly on the Internet,
but such criticism rarely received media coverage. In practice,
during the period covered by this report, there appeared to be
an increasing level of tolerance in the media. Journalists and
writers generally exercised self-censorship to avoid government
harassment.
The Press and Publication Law authorizes the Government
to censor all domestic and imported publications. Ministry of
Information censors may act against any material regarded as politically,
culturally, or sexually offensive. Editorials generally were consistent
with the Government's views, although the authorities tolerated
some criticism regarding foreign affairs issues. The Government
discouraged in-depth reporting on controversial domestic issues
and sought to influence privately owned dailies and periodicals
by subsidizing their operating costs. There were five daily newspapers,
three in Arabic and two in English. Arabic language dailies "Al-Watan"
and "Shabiba" as well as English daily "Times of
Oman" were privately owned. There are 32 magazines published
in the Sultanate, according to the Omani News Agency.
In October, journalists announced the creation
of the "Gulf Press Freedom Organization" (GPFO) which
attempts to promote and defend a free press and human rights,
and aid journalistic professional development in the Gulf and
Yemen.
Customs officials confiscated videocassette tapes
and erased offensive material, despite the lack of published guidelines
regarding what was considered offensive. Such tapes may or may
not be returned to their owners. Government censorship decisions
were changed periodically without stated reason. There was a general
perception that the confiscation of books and tapes at the border
from private individuals and restrictions on popular novels eased
somewhat; however, it reportedly has become more difficult to
obtain permission to distribute books in the local market that
censors decide have factual errors regarding the country (including
outdated maps).
The Government owned four local radio stations
and two local television stations. In general, they did not air
any politically controversial material, although twice during
the period covered by this report state television was allowed
to broadcast public question and answer sessions between ministers
and the Majlis Al-Shura. The Government did not allow the establishment
of privately owned radio and television companies. The availability
of satellite dishes has made foreign broadcast information accessible
to those with the financial resources to obtain access to the
dishes.
The appropriate government authority, the police,
or a relevant ministry must approve public cultural events, including
plays, concerts, lectures, and seminars. Most organizations avoided
controversial issues because of fears that the authorities may
cancel their events.
The Government, through its national telecommunications
company, made Internet access available for a charge to citizens
and foreign residents. However, it blocked certain web sites that
it considered pornographic or politically sensitive. As use of
the Internet to express views normally not permitted in other
media grew, the Government took additional measures to monitor
and censor it. The Government placed warnings on web sites that
criticism of the Sultan or personal criticism of government officials
was likely to be censored and could lead to police questioning,
which ultimately caused some to practice self-censorship.
The Government restricted academic freedom, particularly
regarding publishing or discussing controversial matters, such
as politics. Professors may be dismissed for going beyond acceptable
boundaries
Qatar
The Constitution provides for freedom of speech
and of the press; however, the Government imposed some restrictions
on these rights in practice. Journalists continued to practice
self-censorship due to social and political pressures when reporting
on government policies, the ruling family, and relations with
neighboring states.
Citizens expressed many of their views freely and
in public, though they avoided discussing sensitive political
and religious issues. The larger noncitizen population did not
express itself as freely or as publicly. The Government did not
prosecute anyone for the expression of views considered offensive.
Three Arabic and two English daily newspapers are
not state-owned; however, the owners or board members generally
are either high-level government officials or have ties to government
officials. Copies of foreign newspapers and magazines were censored
for explicit sexual content.
Although personal criticism of government officials
was rare, the performance of ministries was the subject of extensive
reporting. During the year, the Ministry of Municipal Affairs
and Agriculture was publicly criticized for its decision to make
insurance mandatory for small business owners, and its failure
to provide adequate facilities for slaughtering animals.
The Censorship Office in the Qatar Radio and Television
Corporation reviewed materials for pornography and material deemed
hostile to Islam. There were no reports of political censorship
of foreign print or broadcast news media or foreign programs.
Customs officials screened imported print media,
videocassettes, and similar items for pornography, but no longer
blocked the personal importation of non-Islamic religious items
(see Section 2.c.). The law provides for criminal penalties and
jail sentences for libel. All cases involving the media fall under
the jurisdiction of the criminal courts.
State-owned television and radio reflected government
views, but the private satellite television network, Al-Jazeera
Satellite Channel (JSC), provided an internationally oriented
perspective that JSC and the Government both claimed to be free
of government influence. Although it is privately owned, since
its inception, the Government has paid some of JSC's operating
costs. JSC programs generally did not cover local news. Callers
to a popular morning show on the state-owned radio frequently
discussed topics such as government inefficiency and the lack
of responsiveness by various ministries to citizens' needs, such
as poor schools, failure to deliver adequate water and sewage
services, and problems with the health care system.
More than 80,000 residents access the Internet,
which was provided through the privatized telecommunications monopoly.
The Government censored the Internet for political, religious,
and pornographic content through a proxy server, which blocked
websites containing certain key words and phrases. A user who
believes that a site was censored mistakenly could submit the
Web address to have the site reviewed for suitability.
The Constitution provides for freedom of opinion
and scientific research; however, there was no tradition of academic
freedom, and instructors at the University exercised self-censorship
Saudi Arabia
The Basic Law states that the media's role is to
educate the masses and boost national unity and that it can be
banned if it gives rise to mischief and discord, compromises the
security of the State and its public image, or offends man's dignity
and rights and the Government continued to restrict freedom of
speech and press although there has been an increase in press
freedom over a series of years. The Government sanctioned several
journalists for articles and commentaries critical of the religious
authorities and conservative Muslim theology, particularly after
the May 12 terrorist attacks. Journalists also practiced some
self-censorship, refraining from direct criticism of Government
officials. There were no reports of journalists being imprisoned.
Newspapers reported on previously taboo subjects
including political, economic and educational reform, women's
rights, corruption, and religion. Newspapers carried stories about
elections in neighboring Gulf countries, and reported on reform
discussions within the country.
The press has some freedom to criticize governmental
bodies and social policies through editorial comments and cartoons.
During the year, both Arabic and English newspapers reported on
domestic problems, such as abuse of women, servants, and children,
previously not addressed by the media (see Section 5).
During the year, the Grand Mutfi issued a fatwa
(religious ruling) denouncing incitement to violence and disparagement
of other religions and in some instances, the Government has banned
imams from speaking on political issues (see Section 2.c.).
The print media were privately owned but publicly
subsidized. A media policy statement and a national security law
prohibit the dissemination of criticism of the Government. The
media policy statement urged journalists to uphold Islam, opp |