Relevant Laws
The Publications Law of 1968 (No. 206) includes provisions prohibiting publishing
materials “offensive” to the government. In July, the Iraqi government introduced a
bill to abolish those provisions.
Penal Code
Art. 202: Anyone who publicly insults the Arab community or the Iraqi people, or
any section of the population or the national flag or the State emblem, is
punishable by a term of imprisonment not exceeding 10 years or by detention.
Art. 225: Anyone who publicly insults the President or his representative is
punishable by a term of imprisonment not exceeding seven years or by detention.*
Art. 226: Anyone who publicly insults the National Assembly or the government
or the courts or the armed forces or any other constitutional body or the public
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authorities or official or semi-official agencies or departments is punishable by a
term of imprisonment not exceeding seven years of detention or a fine.
Art. 227: Any person who publicly insults a foreign state or any international
organization having an office in Iraq, or that country’s Head of State or its
representative in Iraq, or its flag or national emblem when it is displayed in
accordance with Iraqi law, is punishable by a period of detention not exceeding
two years plus a fine not exceeding 200 dinars (approx. US$.20).
Art. 229: Anyone who insults or threatens an official or other public employee or
council or official body, in the execution of their duties or as a consequence of
those duties, is punishable by a period of detention not exceeding two years or by a
fine not exceeding 200 dinars (approx. US$.20).
The penalty will be a period of detention not exceeding three years plus a fine or
one of those penalties if such insult or threat is directed at a judge or legal or
administrative court or council carrying out a legal function in the execution of
their duties or as a consequence of those duties.
Art. 372: The following are punishable by a period of detention not exceeding
three years or by a fine:
1. Anyone who attacks the creed of a religious minority or pours scorn on its
religious practices. …
4. Anyone who prints or publishes a book sacred to a religious minority and
deliberately misspells the texts so that the meaning of the text is altered or who
makes light of its tenets or teachings.
5. Anyone who publicly insults a symbol or a person who constitutes an object of
sanctification, worship or reverence to a religious minority.
Art. 433: 1. Defamation is the public imputation to another of a particular matter
that, if true, would expose such person to punishment or cause him to be scorned
by society. Anyone who defames another is punishable by detention plus a fine or
by one of those penalties. If such defamation is published in a newspaper or
publication or other press medium, it is considered an aggravating circumstance.
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2. Such person is not permitted to establish the proof of his imputation unless that
imputation is directed at a public official or agent or public deputy or he is carrying
out an act in the public interest or if such imputation is connected with the office or
employment of the aggrieved person but if he establishes the proof of all
imputations made, then there is no offense.
Art. 434: Insult is the imputation to another of something dishonorable or
disrespectful or the hurting of his feelings, and that does not include an imputation
of a particular matter. Anyone who insults another is punishable by a period of
detention not exceeding one year plus a fine not exceeding 100 dinars (approx.
US$10) or by one of those penalties. If such insult is published in a newspaper or
publication or medium it is considered an aggravating circumstance.
Art. 435: If the defamation or insult is directed at the victim in private or during a
telephone conversation or if it is sent to the victim in writing or communicated to
him by other means, the penalty will be a period of detention not exceeding six
months plus a fine not exceeding 50 dinars (approx. US$5) or by one of those
penalties.
Art. 436:
1. It is not an offense if a complainant or his representative defames or insults the
other party orally or in writing while defending his rights before a court,
investigating authority or other body, as long as it is within the necessary limits of
his defense.
2. There is no penalty for any person who has defamed or insulted another while in
a state of anger following an unjust assault on him by such other person.
* In June 2003, the Coalition Provisional Authority issued Order 7, stipulating
that the third version of the Penal Code of 1969 would be the country’s applicable
criminal law. The third version was enacted in 1984. In addition, the order
suspended certain provisions, including Sect. 225, which imposes prison penalties
for insulting the President.
Furthermore, it specified that certain legal proceedings required written
permission from the CPA; these included those involving offenses prohibited in
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Sects. 226 (insulting governmental entities, court or armed forces), 227 (insulting
foreign representatives), and 229 (insulting a public official).
Iraqi Kurdistan
Iraqi Kurdistan’s Press Law (Decree No. 24 of 2008) specifies that fines ranging
from 1 million to 5 million dinars (approx. US$860-4,300) may be imposed on any
journalist and editor-in-chief who publishes material that, among others, insults
religious beliefs or religious symbols, or constitutes “libel, slander, or defamation”
(Art. 9). Journals may be fined between 5 million and 20 million dinars (approx.
US$4,300-17,160) for the same offenses.
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KUWAIT
Population: 3.1 million
Press Freedom Rating: Partly Free
The case that surely drew the most attention was that of
freelance journalist Mohammed Al-Jassem, hounded with
lawsuits throughout the year. By the end of 2010, there
were no 18 suits pending against him, mostly for allegedly
insulting public officials.
In April, a lower court sentenced him to six months in jail and a fine of $17,400 for
an article in 2009 accusing government-backed media outlets of inflaming tensions
between Muslim factions.
The conviction was overturned in July. Meanwhile, al-Jassem was rearrested in
May on various charges, including “slighting the person of the Emir.” In June, the
journalist posted $7,000 bail and was released. But in November, Al-Jassem was
again convicted and sentenced to a year in prison. He was charged with “criminal
defamation” of the prime minister for a blog post accusing him of a number of
crimes, including embezzlement and money laundering. The sentence was reduced
to three months on appeal.
In a related case, complaints of “insult” and “libel” were filed against an
Egyptian editor and his Kuwaiti reporter for writing about the Al-Jassem hearings.
Al Dostor editor Ibrahim Eissa and Mohammed Alweshaihi published articles not
only on Al-Jassem but also about the failings of Kuwait’s regime.
Relevant Laws
Although changes to the media law were proposed in 2010, a new draft law was
yet to be passed by the end of the year.
The 2006 Law of Publications
Chapt. 3
Art. 19: It is prohibited to publish what may touch God, the Prophets, the
Companions of the Prophet, the citizens, or the principles of the Islamic doctrine
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by slander, sarcasm, calumny in writings, drawings, photos or any other means of
expression listed in the present law.
Art. 20: It is forbidden to make direct and forward criticism to the person of the
Emir, and any words attributed to Him shall be by virtue of a written authorization
from the Emiri Council.
Art. 21: It is forbidden to publish what may:
1. Demean or disdain the state Constitution.
2. Offend or demean the magistrates or the members of the Attorney General’s
office or what is considered an offense to the integrity and impartiality of the
magistracy or what the courts or investigation authorities decide to keep secret…
7. Touch the dignity, life or religious beliefs of the persons and incite to hatred or
demean any of the society classes, or spread information about their financial
situations, or disclose a secret that affects their reputation, wealth or trade name.
8. Interfere in the private life of the functionary or [anyone] charged with a public
service, or attributing untrue words or acts including defamation or insult to his
person.
Art. 27: Without prejudice to any more severe punishment stipulated by another
law, the editor-in-chief and the article’s writer or author shall be punished:
1. If the journal publishes what is forbidden in Art. 19 by imprisonment for one
year maximum and a fine ranging between 5,000 and 20,000 dinars (approx.
US$17,500-70,000) or by one of both punishments;
2. If the journal publishes what is forbidden in Art. 20 by a fine ranging between
5,000 and 20,000 dinars (approx. US$17,500-70,000);
3. If the journal publishes what is forbidden in Art. 21 by a fine ranging between
3,000 and 10,000 dinars (approx. US$10,500-35,000).
The Penal Code (1960) also outlaws insults to the Emir, and imposes criminal
penalties for libel and slander.
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LEBANON
Population: 4.3 million
Press Freedom Rating: Partly Free
Lebanon is known for one of the Arab world’s most liberal
media environments. Yet, its press law is archaic and
unwieldy. Lawmakers spent 2010 working on an ambitious
new law that analysts found encouraging in scope and content.
But by year’s end, there was no new legislation, and defamation was still a
criminal offense.
In June, three Facebook users were charged with “criminal libel,” “defamation”
and “insulting the President” for posting comments critical of President Michel
Suleiman on the site. They faced up to two years in prison. Na'im Hanna created a
Facebook group to denounce the President for interfering in local elections. A few
weeks later, security forces arrested Hanna. They had with them a printout of the
comments he had made online. Days later, Antoine Ramia and Shebel Kassab were
also arrested for comments they made in the online group.
In July, police surrounded Al Jadeed TV station and arrested Ghada Eid, the
host of the program “Corruption.” She was charged with “slandering” a judge in
one of the episodes. She was sentenced to three months in prison and fined
$20,000. She was also forced to read the accusations against her during her first
broadcast after her release from jail.
In March, Al Adab magazine director Aida Matraji, and editor Samah Idriss,
were convicted of “libel” and each fined $4,000. The suit was filed by Iraqi
publisher Fakhri Karim, who also served as counselor to the Iraqi president. The
cases was rooted in a 2007 article by Idriss critical of Arabic intellectual mindsets.
Relevant Laws
Law Decree No. 104 (June30, 1977)
Art. 2 provides that publications that publish erroneous or false articles or news
must publish replies or corrections submitted to them.
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Art. 3 specifies that, where the erroneous or false news may disturb the public
peace, the responsible individual shall be punished by detention of six to 18
months, a fine of 500,000 to 1.5 million Lebanese pounds (approx. US$330-
1,000), or both.
Where the erroneous or false news concerns natural or legal persons, and does not
disturb the public peace, the plaintiff must initiate proceedings. The applicable
penalty consists of detention of three to six months, a fine ranging from 300,000 to
1 million Lebanese pounds (approx. US$200-665), or both -- in addition to any
damages awarded the plaintiff in a tort action.
Art. 17 specifies that, where the decree does not address the situation in question,
general penal law applies to cases of defamation, insult and contempt; however,
the applicable statute of limitations shall be three months for residents of Lebanon
and six months for foreign residents, from the date of publication.
Art. 22 provides that defaming or insulting civil servants because of their duties is
punishable by detention of one to six months, a fine of 300,000 to 500,000
Lebanese pounds (approx. US$200-333), or both. When repeat offenders are
involved, the court may not levy a penalty lower than specified in this section.*
When the defamation or insult targets a public official, the applicable penalty
consists of detention ranging from three months to one year, a fine between
500,000 and 1 million Lebanese pounds (approx. US$333-665), or both. Offenses
that target a sitting judge are punishable by detention ranging from one to two
years. When repeat offenders are involved, the court may not impose a lower
penalty than those specified in this section.*
Art. 23 provides that, where material is published that undermines the dignity of
the President of the Republic, or is defamatory toward the President of the
Republic or a president of a foreign nation, proceedings may be initiated, even
without a claim by the prejudiced individual. The prosecutor may confiscate the
material in question before transferring the matter to the relevant court.
The court may impose penalties consisting of detention of two months to two
years, a penalty ranging from 50 million to 100 million Lebanese pounds (approx.
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US$33,250- 66,500), or both. This section specifies that in no circumstances may
the imposed detention last less than one month, and the imposed fine less than the
minimum amount set out in this section.*
Art. 25 applies to published material that defames any of the country’s recognized
religions, provokes religious or racial animosity, disrupts public order or exposes
to danger the State’s security, sovereignty, unity or borders, or Lebanon’s relations
with a foreign country. In such cases, the prosecutor has the right to confiscate the
offending material and refer it to a competent court.
The court may impose penalties consisting of detention of one to three years, a fine
ranging from 50 million to 100 million Lebanese pounds (approx. US $33,250-
66,500), or both. The section specifies that in no circumstances may the imposed
detention last less than two months, and the imposed fine less than the minimum
amount set out in the section.*
* The Lebanese legal system in some cases permits courts, in light of mitigating
circumstances, to levy penalties less than the legally prescribed minimums.
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MOROCCO
Population: 32.3 million
Press Freedom Rating: Not Free
The bureau of
Al Jazeera satellite TV was
shut down in November for not respecting “the
rules of responsible and serious journalistic
work,” according to the Morrocan Communication Ministry. It complained that the
network “seriously distorted Morocco’s image,” and intentionally showed
Morocco in a negative light. Earlier in the year, two Al Jazeera journalists were
refused entry visas, a common scenario for foreign reporters trying to access
Morocco in 2010.
An editor and a cartoonist at Akhbar Al Youm had a case against them dropped
early in the year. Taoufiq Bouachrine and Khalid Gueddar were ordered to pay
upwards of $383,000 for allegedly insulting Prince Moulay in a September
editorial. The cartoon showed the prince giving what was interpreted as a Nazi
gesture. It caricatured Morocco’s state symbol of a star. The newspaper was
immediately shut down, the first such order in Morocco in 50 years. The two
journalists were also given a four year suspended sentence. The prince dropped the
case after they apologized.
In June, Radio Mars was shut down for two days and fined nearly $7,000 for an
offhand remark made on the air by a guest, who said he would like to be
Morocco’s President. This apparently implied the monarchy would be abolished.
Relevant Laws
Although calls continued to reform the Press Code, there were no changes in 2009.
Until recently, courts have generally imposed fines, not prison terms, for
defamation and insult. Developments during the year underscored the continued
threat of the jail sentences under the Press Code. The Penal Code also carries
problematic provisions, including Art. 263, penalizing “gravely offending state
institutions.”
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Press Code (2002)
Art. 29: Import of journals and periodicals printed outside Morocco may be
banned by the Communication Ministry if those publications undermine Islam, the
monarchy, territorial integrity, respect for the King or public order. The Prime
Minister may ban publication of foreign journals and periodicals printed in
Morocco for the same reasons. If this is intentional, sale, distribution or
reproduction of journals or periodicals is punishable by imprisonment from six
months to three years, and a fine of 1,200 to 50,000 dirhams (US$152-6,350). The
copies of the journals or periodicals shall be seized, and, in case of conviction, the
judgment will order their confiscation and destruction.
Art. 38: Those who directly provoke the author(s) to commit an act defined as a
crime or misdemeanor, by speech, cries or threats made in public places or
meetings, in writing, printed matter sold, distributed, offered for sale, or displayed
in public places or meetings, by placards or posters in public view, or by the
various available audiovisual or electronic means, are punishable as accomplices of
an act defined as a crime or misdemeanor, if the incitement results in action. This
provision also applies if the incitement is followed only by an attempted crime.
Art. 41: Any offense by the means specified in Art. 38, against His Majesty the
King, the royal princes and princesses, is punishable by imprisonment of three to
five years and a fine of 10,000 to 100,000 dirhams (approx. US$1,270- $12,700).
The same penalty may apply where the publication of a newspaper or writing
undermines the Islamic religion, the monarchical form of government or the
territorial integrity.
In case of a conviction under this article, suspension of the newspaper or
publication may be pronounced in the same judicial decision, for a period of no
more than three months. Such a suspension will not affect the labor contracts into
which the operator has entered, said operator continuing to be bound by all existing
contractual or legal obligations. The court may pronounce in the same decision the
ban of the newspaper or publication.
Art. 42: Publishing, disseminating or reproducing, in bad faith and by any means,
particularly those outlined in Art. 38, false news, allegations, inaccurate facts,
fabricated or falsified pieces attributed to third parties, that disrupt public order or
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provoke public fear, is punishable by imprisonment from one month to one year, a
fine of 1,200 to 100,000 dirhams (US$152-12,700), or both. The same acts are
punishable by one to five years of imprisonment and a fine of 1,200 to 100,000
dirhams where the publication, dissemination or reproduction may shake the
discipline or morale of the military.
Art. 44: Any allegation or imputation of a fact that undermines the honor of or
esteem for the persons or constituted bodies to which the fact is imputed
constitutes defamation. Any offensive utterance, expression of contempt
undermining personal dignity, or invective involving no allegations of fact
constitutes an insult. Any direct publication or reproduction of that defamation or
insult is punishable, even if posed in the form of a question or if directed against a
person or constituted body not expressly named but which is identifiable from the
terms of the incriminated speech, cries, threats, writings or publications, placards
or posters.
Art. 45: Defamation of the courts, tribunals, the army, navy or air force,
constituted bodies, or the government of Morocco, by one of the means specified
in Art. 38, is punishable by imprisonment of one month to one year, a fine of 1,200
to 100,000 dirhams (approx. US$152-$12,700), or both.
Art. 46: The same penalties may be applied in cases of defamation by the same
means against persons due to their function as minister(s), officer, trustee or agent
of public authority, and all persons charged with a temporary or permanent public
function or mandate, an assessor or a witness for giving testimony. Defamation of
these persons concerning their private lives is punishable by the penalties provided
in Art. 47 hereunder.
Art. 47: Defamation against persons by one of the means specified in Art. 38 is
punishable by a term of imprisonment of one month to six months, by a fine of
10,000 to 50,000 dirhams (approx. US$1,270-$6,350) or both.
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