In January 2012, the SKeyes Center for Media and Cultural Freedom published a special report on Information Minister Walid Daouk’s Electronic Media Draft Law, in its 6^th edition of its quarterly newsletter “SKeyes Info”. The report highlighted the gaps of what is now referred to as the Lebanese Internet Regulation Act (LIRA) and its danger on freedom of expression.

Minister Daouk recently submitted his draft law to the Council of Ministers, sparking a unanimous reaction from freedom of expression defenders and online activists, refusing the proposed legislation. As a contribution to the debate, SKeyes republishes the report prepared by our colleague Rima Awad.

On November 11, 2011, the Lebanese Minister of Information, Walid Daouk, signed a draft law that should have been submitted to the Council of Ministers during the last week of November. In accordance with this draft law, the Publications Court will look into the violations and legal disputes resulting from news websites’ activity. The bill, nonetheless, is full of legal loopholes.

There is a need, in Lebanon, for a modern media law that guarantees freedom of expression and protects journalists working in audiovisual and written press. As for news websites, they have recently been the most prominent spaces for free speech and it is important for any law to guarantee this distinctive characteristic. Regulations, if any, should be limited to the protection of intellectual property, giving workers professional rights and protecting minors from some of what is published on the Internet.

Minister Daouk’s draft law contains 9 articles, of which the most important one is article 6. The article states that “the provisions and regulations of the various laws pertaining to journalism and media, which are applied to journalists, reporters and media professionals, also apply to people who work at online publications”. As for article 8, it stipulates that “the Publications Court shall look into all matters related to violations and legal disputes resulting from websites”.

“Regulating electronic media by law is not a good idea,” said Tony Mikhaël, legal expert at the Maharat Foundation, in an interview with SKeyes. “Information technology evolves faster than legislation, and the latter is often unable to catch up with new trends”, he added. “The first article of the draft law did not focus on the establishment of general principles aiming at protecting the freedom of electronic publications from the restrictions that might be imposed upon later on, such as forcing news websites to register with official state bodies”, said Mikhaël.

“The second article’s provisions refer to electromagnetic broadcast, as if the electronic communication also includes radio and television broadcasting, both of which are subject to the Law 382/94. Quickly skimming through the Minister’s draft law shows there is some confusion between electronic media and the radio and television electromagnetic broadcasting in articles 3 and 4. In article 4 for instance, no distinction is made between the professional media, personal blogs and the social networking sites like Facebook”, Mikhaël concluded. The draft law’s legal loopholes are numerous... If news websites are not properly defined in the first five articles, how then are they mentioned in article 6?

According to the Publications Law, media professionals are considered journalists, but there are widespread complains about this law that only recognizes journalists affiliated with the Union of Editors. This affiliation is arbitrary and very often politicized. Most electronic media journalists are not members of the Union, how then would they be covered by the Publications Law?

As for article 9 of the draft law, it gives the Council of Ministers prerogatives to issue implementation decrees, while public liberties should be defined in an Act issued by the Parliament and not in easily revocable Cabinet-level decrees. The draft law should definitely be more detailed in terms of protecting rights.

Generally, regulating media requires utmost caution and legal expertise. The Government should focus more on protecting minors and children instead of trying to restrict the media. As for the electronic media draft law that is yet to be submitted to the Council of Ministers, it lacks the necessary guarantees for freedom of expression and the explicit provision that access to websites should remain open. Minister Daouk’s electronic media draft law was hastily written and looks more like a timid response to the uproar caused by the National Audiovisual Media Council’s unfounded decision to open a special register to regulate websites.