Art. 299: All insults committed against one or more individuals is punishable by
imprisonment of six days to three months and a fine of 5,000 to 50,000 dinars
(approx. US$700-7,000) or one of these penalties.
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BAHRAIN
Population:
807,000
Press Freedom Rating: Not Free
In September, well-known blogger, author and
activist Ali Abdulemam was arrested shortly after
receiving a call from the National Security Apparatus
asking that he give himself up. He was charged with
“spreading false news.” He was one of dozens of activists arrested during a serious
media crackdown in August and September.
An outspoken advocate of press freedom, he started Bahrain Online in 1999. It
quickly became one of the country’s most popular sites. Media watchers worried
that authorities would also arrest citizens who were active on the site. He claimed
he was abused in jail. In a statement released by the Bahrain Centre for Human
Rights, Abdulemam told the court he was being “subjected to torture, beatings,
insults and verbal abuse. They threatened to dismiss my wife and other family
members from their jobs."
Abdeljalil Al-Singace, another blogger arrested and detained with Abdulemam,
told the court he also was tortured and that interrogators threatened to rape
members of his family. Al-Singace was arrested upon arrival at Bahrain
International Airport in August on a flight from London.
Along with several other activists arrested in August, Al-Singace was charged with
“inciting violence and terrorist acts,” although later comments by authorities
suggested the arrest was for criticisms by Al-Singace at a House of Lords
conference in London.
Al-Singace was leader of an opposition group, the Haq Movement of Civil
Liberties and Democracy. After his arrest, Al-Singace’s whereabouts were at first
unknown to the family, although it was later evident he was incarcerated by the
National Security Apparatus.
As part of the crackdown, the press was banned from reporting on the condition
and alleged torture of detainees. Citizens began distributing fliers at shopping
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malls, detailing the treatment of arrested bloggers and activists. Al-Qassem, 21,
was arrested in November and charged with “distributing leaflets inciting hatred
against the regime” and “offending the country’s reputation” and spreading “false
news.” He was sentenced to a year in prison.
In June, journalist Anwar Abdulrahman was accused of “insult” by a local
activist for an article in Akhbar al-Khaleej. Abdulrahman was charged personally,
rather than in his capacity as Editor-in-Chief.
Relevant Laws
The 2002 Press Code (Law 47/2002) prohibits criticizing the head of state,
insulting Islam, and publishing news detrimental to individuals’ dignity.
Lawmakers have for years discussed possible amendments, and changes finally
introduced in 2008 eliminated prison sentences for most offenses under the law.
But prosecution under the Penal Code of 1976, which provides for more severe
penalties, remains possible.
Penal Code
Art. 174: A punishment of imprisonment for a period of no more than two years
and a fine not exceeding 200 Bahraini dinars (approx. US$530) or either penalty
shall be imposed on any person who produces or possesses, with the intent of
trading, distributing, posting or displaying, any pictures designed to cause offense
to the country’s reputation, whether by a presentation that is contrary to the truth,
giving an improper description, presenting unbecoming aspects or by any other
method.
The same penalty shall be imposed on any person who imports, exports, copies
deliberately either personally or through others any of the above for the aforesaid
purpose, or any person who advertises such materials, displays them for sale, or
trades therein, even in a secretive manner; and on any person who provides such
items directly or indirectly, even free of charge and in any manner whatsoever. The
same penalty shall be imposed on whoever distributes or delivers such materials
for distribution by any means.
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In case of a recurring offense, the punishment shall be both imprisonment and
payment of a fine without prejudice to the provisions of Art. 76 (which outlines
applicable penalties in aggravating circumstances).
Art. 214: A prison sentence shall be imposed on anyone who offends the Emir of
the country, the national flag or emblem.
Art. 215: A punishment of imprisonment for a period of no more than two years or
a fine of no more than 200 Bahraini dinars (approx. US$530) shall be imposed on
any person who offends in public a foreign country or international organization
based in the State of Bahrain, or its president or representative. The same penalty
shall apply to a person who offends such organization’s flag or official emblem.
Legal action alleging this crime shall only be brought upon the written request of
the Justice Minister.
Art. 216: A penalty of imprisonment or payment of a fine shall be imposed on
anyone who offends by any method of expression the National Assembly, other
constitutional institutions, the army, courts of law, authorities or government
agencies
Art. 222: A punishment of imprisonment for a period not exceeding six months
and a fine not exceeding 50 dinars (approx. US$130) shall be imposed on any
person who offends, with the use of signs, statements, writings or by any other
method, a civil servant or officer entrusted with a public service during or by
reason of carrying out the duties of his office or service. The punishment shall be
imprisonment of no less than three months or a fine of at least 50 dinars (approx.
US$130) if the offense takes place during the convening of a court sitting and is
aimed at the panel of judges or against its members.
Art. 244: A punishment of imprisonment for a period not exceeding one year or a
fine not exceeding 100 dinars (approx. US$260) shall be imposed on anyone who
prejudices by way of publication the status of a judge, his prestige or his authority
with respect to any legal action.
Art. 309: Imprisonment for a period not exceeding one year or a fine not
exceeding 100 dinars (approx. US$260) shall be imposed on any person who
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commits an offense by any method of expression against one of the recognized
religions, or ridicules the rituals thereof.
Art. 364: A punishment of imprisonment for a term of no more than two years or a
fine of no more than 200 dinars (approx. US$530) shall be imposed on any person
who by any method of publication accuses another of having committed an act that
renders the individual liable for penalty or subject to contempt.
The punishment shall be imprisonment and a fine, or either penalty, if the offense
is committed against a public servant during or because of or by reason of
discharging his duties, or if it affects one’s honor or puts families into disrepute or
if it is understood to be intended for attaining an illegal goal. If the offense is
perpetrated by way of a newspaper or other publication, this shall be considered an
aggravating circumstance.
Art. 365: A punishment of imprisonment for a period of no more than two years
and a fine of no more than 100 dinars (approx. US$260), or either penalty, shall be
imposed on any person who insults another by any method of publication so as to
affect his honor or integrity without making a specific accusation against him. If
the insult is perpetrated by way of a newspaper or other publication, this shall be
considered an aggravating circumstance.
Art. 366: A prison sentence for a period not exceeding six months or a fine not
exceeding 50 dinars (approx. US$130) shall be imposed if the defamation or insult
is committed through the telephone or without provocation against the victim and
presence of a third party.
The penalty shall be a fine not exceeding 50 dinars (approx. US$130) if the offense
is committed without provocation against the victim and in the presence of a third
party.
If the offense is committed in the cases mentioned in the above two paragraphs
against a public servant during, by reason of or on the account of discharging his
duties, or if such offense affects one’s honor or puts families into disrepute or if it
is understood to be intended for attaining an illegal goal, this shall be regarded as
an aggravating circumstance.
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EGYPT
Population: 84.5 million
Press Freedom Rating: Partly Free
Revolt against the rule of President Hosni Mubarak began to
stir as the year came to a close, but during most of 2010,
journalists remained in government crosshairs.
In a landmark case, an appellate court acquitted Hisham Bahaa El Din of
“criminal libel” for a post on Facebook. It was the first time a libel suit was
brought for Facebook content. In May, El Din was sentenced to two weeks in
prison and posted $1,800 bail. An actor and member of the Acting Profession
Syndicate, he had posted a comment earlier in 2010 criticizing the Syndicate head.
Newspaper editor Yasser Barakat was convicted of “criminal defamation” and
sentenced to two consecutive six-month prison terms and fines totaling nearly
$11,000. The case was over two articles by Barakat in 2008, in which he criticized
Parliament member Mustafa Al-Bakry and his business deals with foreign
governments. Barakat had been jailed for five days on similar charges in 2009. Al-
Bakry has filed more than a dozen lawsuits against the editor.
In a case of one journalist against another, Al Masry Al Youm editor Maqdi Al
Gallad sued journalist and blogger Ashraf Shehata for comments Shehata made
about him on his blog. Shehata was previously a reporter for Al Masry Al Youm.
Shehata was convicted of “criminal libel” and “insult.” Al Gallad also filed suit
against the owner of the Internet cafe where Shehata blogged, as well as the
Internet service provider. Shehata was sentenced to six months in prison and fined
$1,200. The other two men were each fined approximately $8,700.
In November, veteran journalist Hamdy Kandil was charged with “criminal
defamation” by the Foreign Minister. The suit was over an article Kandil wrote for
Al-Sherouq, accusing
Aboul Gheit of contradicting himself in comments on Israel.
Kandil, a prominent journalist and former senior UNESCO staffer, was spokesman
of the National Association for Change, a coalition of diverse leaders.
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In June, El-Wafd Editor-in-Chief Gamal Shawky and reporter Magdy Salama
were charged with “libel” and “defamation.” They were ordered to pay $42,000 in
damages to two members of the Council of State, who claimed their reputations
were damaged in a 2008 article.
Journalist Magdy Ahmed Hessein was convicted in absentia and sentenced to a
year in prison. The case goes back 14 years, when the family of a former
government minister lodged a complaint against El-Shaab newspaper. Hessein was
then fined some $2,600. His lawyers challenged the verdict, and after lengthy
proceedings, a less favorable verdict was rendered.
In June, El Saf online editor Sherif Abd El Hamid was arrested and charged
with “libel” and “defamation.” The suit was based on posts that appeared on El Saf
blaming a government official for the region’s poor standard of living. He was
originally sentenced to six months in jail, but could have posted $175 bail and
gotten the sentence suspended. But the editor refused and spent four days in jail.
After the case came back to a judge, a six-month sentence was imposed.
Relevant Laws
The 1996 Press Law was amended in 2006, but the amendments contained many
quesstionable provisions. The Penal Code also facilitates suppression of
expression.
Penal Code
Art. 80(d) provides for imprisonments of six months to five years, a fine, or both,
for “any Egyptian who deliberately disseminates abroad false and tendentious
information, statements or rumors on the internal situation in the country, with the
aim of weakening confidence in its economy or undermining its stature or prestige,
or who carries out any activity aimed at damaging the national interest of the
country.”
Art. 98 criminalizes contempt of religion. Subsection f) specifies “confinement for
a period of not less than six months and not exceeding five years, or a fine of not
less than 500 [Egyptian] pounds (approx. US$88) and not exceeding 1,000 pounds
(approx. US$176) shall be the penalty inflicted on whoever makes use of religion
in propagating, either by words, in writing, or in any other means, extreme ideas
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for the purpose of inciting strife, ridiculing or insulting a heavenly religion or a
sect following it, or damaging national unity.”
Art. 102 allows detention and imposition of a fine on anyone who “deliberately
diffuses news, information/data, or false or tendentious rumors, or propagates
exciting publicity, if this is liable to disturb public security, spread fear among the
people, or cause harm or damage to the public interest.”
Art. 179 criminalizes and allows detention for “insulting the President.”
Art. 181 penalizes individuals who “vilify” the king or president of a foreign
country. The penalty is fixed at between six months and five years in prison, or a
fine of 5,000 to 20,000 Egyptian pounds (approx. US$880-3,520) for the editor and
10,000-30,000 pounds (approx. US$1,760-5,280) for the journalist.
Art. 184 provides for imprisonment, a fine ranging from 5,000 to 10,000 Egyptian
pounds (approx. US$880-1760), or both for anyone who insults “the People's
Assembly or the Shura Council or other statutory bodies, the army or the courts or
authorities or public interests."
Art. 201 prohibits using a place of worship to criticize administrative decisions or
existing laws and regulations.
Art. 308 imposes a minimum prison sentence of six months on journalists whose
writings “comprise an attack against the dignity and honor of individuals, or
constitute an outrageous smear on the reputation of families.”
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IRAN
Population: 75.1 million
Press Freedom Rating: Not Free
Sustained repression of the news media continued in the
aftermath of the disputed elections of 2000. Many reporters
were arrested for “propaganda,” “crimes against the state,”
and “waging war on God.” Journalists could also be arrested
for “insult to Islam,” a crime punishable by death.
Renowned journalist Mashallah Shamsolvaezin was sentenced to 16 months in
prison on charges including “insult to the President.” Part of his sentence was
punishment for calling President Mahmoud Ahmadinejad a megalomaniac on TV.
In February, Ali Malihi was convicted on several charges, including “insulting
the President” for articles he wrote in various newspapers. The Committee to
Protect Journalists reported that he was not permitted to meet his lawyer and was
in solitary confinement.
Newsweek correspondent Maziar Bahari was sentenced in absentia to 13 years
in prison and 74 lashes. He was convicted of, among other counts, “insult to the
Supreme Leader,” and “insulting the President.” In 2009, Bahari spent four months
in jail on “anti-state” charges.
Blogger and women’s rights activist Navid Mohebbi was charged with
“insulting the Islamic Republic’s founder and current leader” and faced a long
sentence. Eight militants came to his home to arrest the 18-year-old Mohebbi,
believed to the youngest blogger ever detained.
Relevant Laws
Press Law of 1986
Art. 3: The press has the right to publish opinions, constructive criticisms,
suggestions and explanations of individuals and government officials for public
information while duly observing the Islamic teachings and the best interest of the
community. Note: Constructive criticism should be based on logic and reason and
void of insult, humiliation and detrimental effects.
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Art. 6: The print media are permitted to publish news items except in cases when
they violate Islamic principles and codes and public rights as outlined in this
chapter:
1. Publishing atheistic articles or issues that are prejudicial to Islamic codes, or,
promoting subjects which might damage the foundation of the Islamic Republic …
5. Encouraging and instigating individuals and groups to act against the security,
dignity and interests of the Islamic Republic of Iran within or outside the country;
7. Insulting Islam and its sanctities, or offending the Leader of the Revolution and
recognized religious authorities (senior Islamic jurisprudents);
8. Publishing libel against officials, institutions, organizations and individuals in
the country or insulting legal or real persons who are lawfully respected, even by
means of pictures or caricatures;
9. Committing plagiarism or quoting articles from the deviant press, parties and
groups which oppose Islam (inside and outside the country) in such a manner as to
propagate such ideas (the limits of such offenses shall be defined in an executive
bylaw).
Note: Plagiarism means intentional ascription of all or a considerable part of the
works and words of others to oneself, even in the form of translation.
Art. 26: Whoever insults Islam and its sanctities through the press and his/her guilt
amounts to apostasy, shall be sentenced as an apostate and should his/her offense
fall short of apostasy he/she shall be subject to the Islamic Penal Code.
Art. 27: Should a publication insult the Leader or Council of Leadership of the
Islamic Republic of Iran or senior religious authorities, the license of the
publication shall be revoked and its managing director and the writer of the
insulting article shall be referred to competent courts for punishment.
Art. 30: Publication of any article containing slander and libel and use of invective
language and derogatory allegations, etc., against individuals is prohibited and the
guilty managing director shall be referred to judiciary authorities for punishment.
Legal proceedings will follow if the injured party lodges a complaint against such
offenses. However, should the plaintiff withdraw his/her complaint, prosecution
would stop at whatever stage it may be.
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Art. 31: Publication of articles that threaten to harm or disgrace a person or
disclose his/her confidential affairs is prohibited and the guilty managing director
shall be subjected to judicial authorities and punished according to the Islamic
Penal Code.
Penal Code
Art. 500: Anyone who propagates in whatever manner against the system of the
Islamic Republic of Iran or in favor of groups or organizations that oppose the
system shall be sentenced to imprisonment of three months to one year.
Art. 513: Anyone who insults the Islamic sanctities or any of the imams … is
subject to execution if the insult amounts to speaking disparagingly of Prophet
Mohammed. Otherwise, the penalty consists of imprisonment of one to five years.
Art. 514: Anyone who in any way insults the founder of the Islamic Republic of
Iran, Ayatollah Khomeini, or the Supreme Leader of the country, shall be
sentenced to imprisonment of six months to two years.
Art. 608: Insults, such as swearing, or using profane language, if not punished
based on the haad of malicious accusations, should be punished by flogging of up
to 74 lashes or a fine.
Art. 609: Anyone who insults any of the leaders of the three branches of
government, presidential deputies, ministers, any of the members of Parliament, or
any ministry staff, or any other state employees, due to their duties, shall be
punished by imprisonment of three to six months, flogging (74 lashes) or a fine.
Art. 697: Anyone who through the printed press or other media falsely accuses
someone of an offense or crime shall be sentenced to imprisonment of one month
to one year or flogging of up to 74 lashes (unless the punishment is specified in
haads).
Art. 698: Anyone who in order to hurt someone else or to create unease in public
or official minds publishes false information in the form of letter, complaint,
report, or by means of the press, shall be imprisoned from two months to two years
or be flogged (74 lashes).
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IRAQ
Population: 31 million
Press Freedom Rating: Not Free
In August 2010, the opposition weekly Rozhnama was
accused of defamation by Massoud Barzani, President of the
Kurdish Regional Government, who sought $1 billion in
damages and banning of the paper. Reporter Sirwan Rasheed
alleged in a July article that the Kurdish Democratic Party (KDP) and the Patriotic
Union of Kurdistan (PUK) were together involved in an oil-smuggling operation to
Iran. Oil smuggling is a contentious issue between Kurdistan and Iraq’s central
government in Baghdad. It not only violates sanctions against Iran but also
deprives Baghdad of revenue.
Journalists elsewhere in Iraqi Kurdistan faced a flurry of libel suits as tensions
flared among the media, government authorities and security forces. Three
magazines -- Lvin, Hawlati and Rega -- were sued for alleging the Kurdish
Democratic Party was involved in the murder of a journalist. They faced damage
claims ranging from $4,200 to $42,500.
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