jurisprudence and free speech in arab world dr. matt j. duffy / @mattjduffy berry college #foejuris
TRANSCRIPT
Jurisprudence and free speechin Arab worldDr. Matt J. Duffy / @mattjduffyBerry College #FoEJuris
Biggest shift involves legislation
● Not judicial action● Anti-terrorism laws -- updated to equate
dissenting speech, journalism as acts of “terrorism”
● Saudi now defines as terrorism any speech that is an “insult the reputation of the state.”
● Saudi and UAE both expanded laws● Jordan prosecuted w/ terror laws
Biggest shift involves legislation
● Cybercrime laws -- should just apply to hacking, fraud, copyright enforcement
● Arab countries use it to crackdown on dissent, criticism via social media
● UAE Federal Supreme Court judge sentenced activist to 3 years in prison for “damaging the reputation of UAE institutions”
Biggest shift involves legislation
● Cybercrime lawso Expanded in Qatar in 2014o Includes any speakers that violate “any social values
or principles.” ● In Lebanon, “cybercrime bureau” regularly
detains speakers for “sharing crimes”o Unclear if judges are sentencing anyone, but
detentions have chilling effect
Insult laws a top tool
● Judges have sentenced speakers for “insulting” the king and public officials
● In Bahrain, king just increased penalty for “lese majeste” -- 7 years in prison
● Judge sentenced blogger to 30 monthso Criticized the monarchy and reported on protests
● Judge sentenced blogger to 2 years for insulting the military
Defamation laws a major threat
● In Lebanon, judges have issued large fines for defamation
● $12,000 in fines for article critical of judgeo Truth apparently not a defenseo Hey, at least no jail!
● In Iraq, former judge and journalist arrested on charges of defaming minister
● Reforms must focus on penal codes
● Appealing in a region of instability● In UAE, judge sentenced two activists
to 3 years and $125,000 fine● Criticized mass trial
o charged with spreading “false news” and upsetting “public order”
Public order charges a favorite
● In Kuwait, judge acquitted 67 bidoon protesters of “public order” chargesafter months of detentions.
● Only acquittal this research revealed
Public order charges a favorite
● Judges clearly not exercising independence● In 2014, UN Special Rapporteur said UAE
judicial system under “de facto control of the executive branch of government.”o An extreme example because many judges are ex-
pats
● Media and NGO reports on free speech rarely identify judges. Should be remedied.
Conclusions: 2 big takeaways