HRW warns Lebanon's new media law still threatens press freedom

Human Rights Watch (HRW) has urged Lebanon's parliament to amend its recently adopted media law, warning that journalists and activists could still face criminal prosecution and imprisonment under provisions restricting freedom of expression.

In a statement issued on Monday, the rights organisation called on lawmakers to adopt amendments proposed by ten MPs on 5 October, which would remove some of the law's most controversial provisions and strengthen protections against prosecutions for peaceful expression.

The media law, adopted in August after 16 years of parliamentary deliberations, introduced significant reforms which authorities say are menat to modernise Lebanon's media sector and strengthen press freedoms.

However, HRW warned that the legislation retains vaguely worded criminal offences that could be exploited by public officials and powerful individuals to silence criticism.

"Given the history of public officials and powerful individuals abusing Lebanon's laws to clamp down on journalists, activists, and artists, parliament should act to prevent further abuse," said Ramzi Kaiss, Lebanon researcher at HRW in a statement.

"No one should face abusive retaliation for peacefully expressing their views, and parliament has a chance to end these abuses right here and now."

At the centre of the organisation's concerns is Article 104(b), which criminalises the intentional fabrication and dissemination of false and harmful news, carrying a prison sentence of up to three years.

HRW said the provision's use of vague and undefined terminology, particularly the concept of "harmful news", could allow authorities to continue pursuing criminal proceedings against journalists and other critics.

The organisation also warned that the legislation fails to address several existing provisions in Lebanon's Penal Code and Military Justice Code that criminalise criticism of state institutions and officials.

These include offences involving defamation or insults directed against Lebanon's president, state institutions and army, as well as foreign states and their representatives.

Some offences carry prison sentences of up to two years, while provisions in the Military Justice Code criminalising public disparagement of the army or national flag can result in sentences of up to three years.

HRW said the amendments introduced by MPs earlier this month would repeal Article 104(b) and prevent the relevant provisions of the Penal Code and Military Justice Code from being applied to cases involving media-related or online expression.

They would also restrict the ability of security forces to interrogate and investigate media professionals over expression-related offences, placing those powers under the authority of public prosecutors.

The organisation said Lebanese security agencies had previously subjected journalists and activists to abusive interrogation practices and demonstrated bias when enforcing criminal defamation laws.

Despite its criticism, HRW acknowledged that the new media law represents a significant improvement on Lebanon's previous legal framework.

Among its reforms are the abolition of pretrial detention for expression-related offences committed through media or online platforms, the right to establish online publications without prior state authorisation, and restrictions on military court jurisdiction over media-related offences.

The legislation also strengthens protections for journalists' confidential sources, limits searches and seizures of their electronic equipment, and recognises media workers' rights to organise in unions.

As previously reported by The New Arab, the law introduces new transparency requirements compelling media organisations to disclose their ownership structures, shareholders and funding sources.

These provisions are intended to address longstanding concerns about the influence of political and economic interests over Lebanon's media sector, although their implementation remains a subject of debate.

HRW argued that the proposed amendments would not go far enough on their own, as they would primarily protect expression through media outlets and online platforms.

It called for the complete repeal of criminal defamation and insult provisions across Lebanese legislation, including those governing speech outside the media, with such disputes instead handled through civil courts.

"For years Lebanese civil society has fought for increased protections to the right to freedom of expression and the press," Kaiss said.

"Passing the proposed amendments to the media law would be a breakthrough."