Media accountability
Article 35 - Paragraph 2- The penalties stipulated in the General Penal Code, the Publications Law, this law and all other applicable laws shall be applied to crimes committed by television and radio institutions, provided that these penalties are tightened in accordance with Article 257 of the Penal Code.
Not Compliant with Standards
Recommendations
Amending and removing the influence of the political authority from interfering in the work of media institutions or imposing any penalties. Also, The solution is to open a serious discussion about the possibility of implementing self-regulatory mechanisms that can start with primary initiatives within each media organization to add internal policies that provide greater protection for media, journalists and their work.
Related Themes
Media Regulation
Media License
Article 16- A license is granted to a television or broadcasting institution by a decree issued by the Council of Ministers after consulting the National Audio-Visual Media Council.
Not Compliant with Standards
Analysis
The license for television and radio establishments should only be limited to the use of the electromagnetic spectrum designated for the limited waves and frequencies of radio and television broadcasting. This issue is not within the competence of the Council of Ministers as a political authority on the one hand, or a procedure that sets public policies on the other. The management of the frequency spectrum is the responsibility of the Telecommunications Regulatory council and other references that are concerned with regulating the work of the media, such as the National Media Council.
Related Themes
Media Regulation
Media organizational structure
Article 17 - A body called the National Audio-Visual Media Council shall be established, consisting of ten members appointed equally by the Council of Representatives and the Council of Ministers.
Not Compliant with Standards
Analysis
The interference of the executive and legislative authorities in appointing members of the National Media Council does not guarantee the independence of this council and the diversity of capabilities and professional backgrounds of its members. It also leads to the disruption of his work and disrespect of the deadlines for appointment and renewal of members of the periodic council, due to political challenges and related to the political and legislative agenda, which has proven to be unsustainable and institutionalized for the legislative and executive authorities in Lebanon, and this matter leads to the disruption of the National Media Council. The imposed and approved appointment mechanism also prohibits the representation of the various media sectors in this council, in addition to specialists in human and social sciences issues, and specialists in communication and media sciences.
Related Themes
Media Regulation
Processus in case of media violation
Article 35, first paraagraph- 1- In the event that the television and radio establishment does not comply with the obligations imposed on it in this law and the laws in force, the following measures shall be taken against it: - In the case of the first violation: The Minister of Information, based on the proposal of the National Audio-Visual Media Council, may suspend the institution from broadcasting for a maximum period of three days. - In the case of the second violation within a period of one year from the date of the first violation: The Council of Ministers, based on the proposal of the Minister of Information based on the proposal of the National Audio-Visual Media Council, may suspend the broadcasting institution for a period of no less than three days and not more than a month. The National Audiovisual Media Council meets on its own initiative or upon the invitation of the Minister of Information. In the event that the Council fails to respond to the Minister’s invitation within forty-eight hours, the Minister of Information may dispense with the Council’s opinion. The decisions mentioned in this article are subject to review before the competent court that considers them according to the summary procedures, provided that the compensation awarded, in case the measure is deemed to be in violation of the law, does not exceed a lump sum of ten million Lebanese pounds for each day of suspension of the television organization and three million Lebanese pounds for the radio establishmen
Not Compliant with Standards
Analysis
Restricting the right to license television and radio institutions by the political authority represented by the Council of Ministers in accordance with the provisions of Article 16, as well as limiting the right to impose penalties on the same television and radio institutions that the political authority has licensed to broadcast, with the same authority makes this political authority non-neutral and that leads to favoritism which means that the licensed media, may be affiliated with it, as proven by the reality of the distribution of the currently operating licenses, which have been subject to political and sectarian distribution and quotas. Also, the penalty for suspending the media institution from broadcasting is linked to a discretionary authority that is not based on clear and specific violations that justify this. It makes the penalty for stopping the broadcast commensurate with the violations and specific acts attributed to the media.
Recommendations
Amending and removing the influence of the political authority from interfering in the work of media institutions or imposing any penalties. In addition, the solution is to open a serious discussion about the possibility of implementing self-regulatory mechanisms that could start with initial initiatives within each media organization to add internal policies that provide greater protection for media and journalists and their work.
Related Themes
Media Regulation
