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Media Rules & Regulations: Impacting Political Developments in the Arab World

 
Event Summary
Media Rules & Regulations: Impacting Political Developments in the Arab World
January 16, 2003

Event Featuring:

Burcu Islam

Overview

On Thursday, January 16, 2003 Marwan M. Kraidy, a Professor at the School of International Service at American University in Washington, DC, discussed media laws and their impact on the political agenda of governments in the Arab world. Kraidy said that media regulation and the political and social environments operate symbiotically in the Arab world. In this respect, the media regulations have been in a constant change as a reaction to the changing social and political environment.

Event Summary

The first press and publication law in the region was decreed in 1857 by the Ottoman Empire. It was initially designed to control the press in Beirut and Cairo during that time. Many of its provisions, including the banning of criticism of the government and religion, still exist in most of the Arab media laws.

Since the early 1960s, most Arab countries, including Lebanon, Jordan, Algeria, and Syria, have undergone a process of modernization of media regulations, and press freedom was recognized either de jure or de facto. However, profound restrictions against an independent media still exist and most of the media is still owned by governments, leaving very limited room for private ownership. Nevertheless, in some countries, such as Oman, Libya, Egypt, and Saudi Arabia, there are no media laws and regulations and there is no legal protection for the press. The media is strictly controlled by the government, especially on the issue of criticism of the head of government and his family, and coverage of religion and public morality.

Below are specific examples of particular situations and recent developments in some Arab countries:

- Lebanon: During the period between 1960 and the early 1990s, including the years of civil war, broadcasting exploded out of proportion. In order to control the rising number of TV stations and their coverage, the Lebanese parliament passed a set of regulations in 1994 to re-structure broadcasting. Accordingly, the only four authorities that could be licensed to control a media source were the Prime Minister, the Speaker of the House, the Vice Prime Minister, and MBC (a station too powerful eliminate).

- Egypt: In 1995 the parliament passed Law 93, initiated by President Mubarak. This law eliminated guarantees against preventive detention, making it possible for the police to hold journalists for what they might publish in the future. Other restrictions on the media include those against the criticism of the president and his family, criticisms of Egyptian human rights violations, and alternative interpretations of Islam. There is only one fully private channel in Egypt, but it is still at an experimental stage. The state-owned Egyptian Radio and Television Union, which was established in 1979, still has a strong control over the country. However, the case of Saa`d Eddin Ibrahim might be perceived as an potential opening to discuss some of the issues relating to democratization in the country.

- Jordan: Jordan's precarious situation in the region, its sensitivity to the regional environment, its mostly Palestinian population and its rulers' struggle for legitimacy led to a constant change in press and media laws. In 1991, the Prime Minister revoked a state of martial law that Jordan had been under since 1967. This important development was followed by the liberalization of the press law in 1993. However, by using a "temporary law system," the government tightens the provisions of media laws whenever it feels that it is necessary. After September 11th there has been a zero-tolerance policy on many issues. Recently, the King has created a Higher Media Council. Dr. Kraidy discussed the letter of the King to the Higher Media Council, which asks them "to establish a media system that applies the principles of pluralism and respect for all other opinions in a free, creative and responsible manner."

- Syria: In 2002, the president of Syria signed a decree legalizing the private ownership of newspapers. This should not be underestimated considering that Syria has not had private media since 1963 and there were no press laws until last year. However, the Prime Minister retains the exclusive right to license newspapers and can decline to license a newspaper if he deems that it threatens national security. Despite The criticisms of being too harsh, the new press law has acted as a first step towards liberalization.

Satellite & The Internet

Kraidy evaluated the influence of the Internet on the Arab press, stating that the Internet is still far from being a major political force because of the small number of people with readily available access. He emphasized the difficulty of controlling the widespread use of satellite television. He addressed the debates about English service from Al- Jazeera and expressed his doubts on its practice as well as on a US satellite TV station in the Arab world, noting immense ignorance and denial of the Arab population concerning news and information received from radios and television. Most of the interest is in entertainment. Kraidy mentioned the hardship of getting clear information on funding and ownership of TV stations in Arab countries. He stated that in Egypt it is the government, which owns the media whereas in Lebanon it is 80 families either in or outside of the country. He also addressed the business aspect of media and concluded that there is a serious lack of business plan and orientation. This prevents the media sector to be much more profitable.

Challenges & Opportunities

In formulating media regulations, Arab states are primarily concerned with national security, very loosely defined as any criticism of the current regime. Moreover, laws regulating the media tend to be ambiguous and flexible, giving the governments a lot of power to interpret them however they want to. Law enforcement still tends to be selective. If a media outlet has close connections to government officials and it breaches a regulation, it is protected from being shut down. Lastly, there are still overlapping legal jurisdictions. For example, in Lebanon there is an election law, there is an audiovisual law, there is a press law and there is a media law.

However, there are some hopes and opportunities for a free media and press in the Arab world. The "Arab Media Code" is a draft that some Egyptian, Lebanese and Jordanian journalists joined together, calling for a reform across the entire Arab world. This draft of new regulations of media, which is expected to be discussed in the Bahrain summit, includes a provision saying that governments should have no say on what the media publishes. Another positive development is the growing recognition of the importance of the private media. Moreover, the rising professionalization of media workers and better journalistic practices increases hope for liberalization in the Arab media.

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Disclaimer: Assertions and opinions in this Summary are solely those of the above-mentioned author(s) and do not reflect necessarily the views of the Middle East Institute, which expressly does not take positions on Middle East policy.
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