Middle East and North Africa Overview

By Naomi Hunt

Press freedom in the Middle East and North Africa (MENA) region did not improve in 2008. Most regional governments continued to use defamation legislation, anti-terrorism laws and laws protecting Islam to steamroll freedom of expression. Journalists who criticized government policy or wrote about corruption faced heavy fines, imprisonment and even the death penalty, while women and minority journalists were especially targeted. Violence remained a real and constant threat.

There were several attempts by governments in 2008 to exert control over the Internet, which has provided a relatively free space for political and cultural discourse in many countries. Filtering was widespread, as was the practice of blocking access to critical websites for a period of time. This year, both Yemen and Egypt instituted new requirements for Internet cafes. Café users must now register their names and other personal information before going online, ostensibly to track potential terrorists using the web. This is already practiced in Tunisia, where Internet cafes are state-run and under police surveillance.

In fact, five of the thirteen "Internet Enemies" listed by Reporters Without Borders are countries in the MENA region. These are Saudi Arabia, Egypt, Syria, Tunisia and Iran. Libya was recently removed from the list, as no cyber-dissident has been arrested since March 2006 (although there remains absolutely no independent press in the country).

Bloggers suffered much judicial harassment, charged with criminal offences or simply held without charge. In Saudi Arabia, where censorship is official policy, bloggers were often targeted for allegedly insulting Islam or the prophet. In Iran, at least seven bloggers were detained or arrested at some point this year, on charges such as spying for Israel, engaging in activity liable to harm national security, and for publicity against the state. Of these seven, five were women. At least ten bloggers were detained or jailed this year in Egypt. Although the restrictions on online writers have reportedly been pushed back, allowing for a greater diversity of opinion online, Emergency Law and Press Law rules continue to be used to harass journalists and bloggers.

Although strict licensing procedures and ministerial oversight prevent the publication of many critical reports in the region, journalists whose work passes layers of censorship must also contend with harsh defamation and libel laws. Defaming or insulting state officials continues to carry prison time in many MENA countries. In Algeria, defamation of high officials and state organs has been criminalized since 2001, and as of February 2006, it is illegal to criticize actions during the 1990s by security forces in that country. In Jordan, defamation is punishable only with a fine; however, insulting the King or the royal family carries a sentence of up to three years. Criticizing the head of state, undermining public morality, defaming individuals or misrepresenting Yemeni or Arab heritage are all illegal in Yemen. Similar legislation also exists in Egypt, Saudi Arabia, Libya, Tunisia, Morocco, Chad, the United Arab Emirates, Qatar and Oman.

National security legislation, including anti-terrorism laws and relic emergency acts, including the criminalization of threats to national cohesion, were also used to harass the press and media in most MENA countries, with Lebanon and Israel being notable exceptions.

The use of national security laws to repress free speech was particularly visible in Iran, where critical journalists, bloggers and dissidents—especially Kurds and Azeri—are frequently accused of activity liable to harm security, publicity against the Islamic republic, and even spying for Israel. Instead of being tried in regular courts, such cases are frequently heard by revolutionary courts—often without the defendant present, or even aware that they are being tried. Revolutionary courts were designed to try those attempting to overthrow the Islamic republic. Punishments meted out are often harsh, and include the death penalty.

Many countries in the MENA region criminalize expression that is interpreted as insulting to Islam. Iran, Jordan, Yemen, Saudi Arabia, Morocco and Qatar all penalize apostasy, heresy and insults to Islam or the prophet Mohammed with harsh penalties, including the death penalty.

Potential insult to religion also served as an excuse for censorship in a much-criticized set of satellite broadcasting principles adopted by the Arab League in February. The Cairo Institute for Human Rights Studies (CIHRS) denounced the document as a "fake national and ethical cover to limit the freedom margin exercised by the media outlets in some of the Arab countries." The document, which called for, among others, the prohibition of materials that incite hatred, violence or terrorism, also stated that broadcasts must comply with the values of Arab society and refrain from insulting God, revealed religions, prophets and even religious symbols.

Violent conflict throughout many parts of the region continued to victimize journalists and other media workers, some harmed alongside other civilians in attacks, others singled out for their role in spreading information. In Sudan, several journalists were physically harmed in the course of the conflict with Chad. Editors were summoned or arrested on at least ten occasions in 2008, and at least ten newspapers were suspended, banned or had press proofs seized.

In Lebanon, political parties, of which there are dozens, are frequently and famously represented by one publication or broadcaster. Journalists and other staff are therefore embroiled in political and often violent conflict. This year, there were arson attacks on the buildings of newspaper Al-Anbaa and Armenian Radio Sevan. On May 9, four news media owned by Saad Hariri, leader of the anti-Syrian Future Movement, were targeted by Hezbollah. Militants fired rockets at newspaper Al-Mustakbal, while gunmen surrounded Future TV, Future News and Radio Orient, threatening to fire if broadcasts were not cut. Broadcasts resumed five days later.

Iraq continued to be the world’s deadliest place for reporters, even though far fewer were killed this year than last. All victims were local journalists working for Iraqi news sources. At least thirteen reporters died as a result of targeted killings, adding to what the Committee to Protect Journalists described as an "unblemished record of impunity for the killer of journalists." The United States military detained and held at least six journalists and editors, while Iraqi forces legally harassed or imprisoned a further seven. At least seven incidents of mistreatment, beatings or torture were reported. Furthermore, Reporters Without Borders issued a statement saying that press freedom had worsened in Iraqi Kurdistan, in the past a zone of relative safety.

Many of the year’s developments throughout the MENA region involved a seemingly region-wide concern for the protection of cultural heritage clashing with pushes for modernization. With access to the Internet and to foreign programmes through satellites and other technologies growing, the availability of information (and misinformation) continued to create a new relationship between citizens and states. It remains to be seen whether this means that repression, censorship and legal harassment will soon give way to better protection of broad freedoms, including the freedom of expression.