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A BRIEF COMPARATIVE ANALYSIS
BY MATT J. DUFFY, PH.D.KENNESAW STATE UNIVERSITY
KENNESAW, GA.
AUSACE AT AEJMCSATURDAY, AUGUST 8 , 2015
Arab Media Laws
Do global norms exist?
Obviously, debatable. I would argue yes. See, for instance, health codes
But, how to draft them for communication?Look at regional courts
Inter-American Court of Human Rights European Court of Human Rights African Court of Human and Peoples’ Rights
Look at global bodies United Nations OSCE NGOs such as Amnesty International, HRW, FH RWB ICCPR treaty
Defamation – libel and slander
Protection of reputationArab (penal & media) laws differ in three
ways from international norms
1) Criminal vs. Civil2) Truth as defense for defamation3) Public figures should receive less
defamation protection than private figures
Other broad norms
Insult laws incompatible with free speechPublic order, national security laws should be
narrowly tailored so not abusedLicensing of journalists suppresses good
journalismFalse news laws while noble can hamper
reporting Google: “Arab Media Laws” and Duffy
Since 2011: Cybercrime Laws
Qatar, UAE both updated these laws post-Arab Spring
Cover digital communication, vague defamation provisions Article 29: Illegal to “damage the reputation,
prestige or stature of the state.” UAE used against family members tweeting
about a sedition lawSaudi Arabia used against Raif Badawi, who
received 1,000 lashes punishment for liberal website
Since 2011: Anti-terrorism laws
National security is obviously importantIf public order not protected nothing else can
be SCOTUS tends to side with gov’t vs. free speech in
terrorism casesCritics worry that they are too broad, squelch
legitimate criticism E.g., Jordan shut down an Iraqi television station, citing
anti-terrorism law. Journalists at station had criticized Iraqi leader
Anti-discrimination/anti-hate laws
New developmentUAE just passed “anti-hate” law:
Criminalizes any acts that stoke religious hatred Criminalizes any act that insults religion Punishes anyone for terming other religious groups or
individuals as infidels, or unbelievers Makes it illegal to discriminate against individuals or
groups on the basis of religion, caste, doctrine, race, color or ethnic origin
Prohibits any entity or group established specifically to provoke religious hatred
Anti-hate speech/anti-discrimination laws
US doesn’t have laws against hate speech Line drawn at calls for “imminent lawless actions.”
Many countries do: Most of Europe No global norm yet
Anti-discrimination laws Probably a global norm Can’t says “whites only” in a job ad.
Problem with new UAE law? Potential misuse Dubai’s security chief accused a Saudi public figure of
“hate speech” for criticizing UAE’s Yemen policies. “Criticizing is one thing, spreading hate is another.”
The End!
Find slides and published paper on: www.mattjduffy.com
Email: [email protected]
@mattjduffy
