Media prohibition in emergencies
Article 4- The higher military authority, in the event of declaring a state of emergency or a military zone, has the right to: 11- Preventing publications that disturb security and taking the necessary measures to impose censorship on newspapers, publications, various bulletins, radio and television, movies and plays.
Prosecution in cases of media violation during emergency status
Article 5, paragraph 2 - All violations of the provisions of Article 4 of this legislative decree are also referred to the military court.
Not Compliant with Standards
Analysis
This article violates the provisions of Article 157 of the Military Judiciary Law, which considers that the Publications Court is the valid authority to consider publishing crimes related to the army and military authorities. The declaration of a partial state of emergency in the city of Beirut and the handing over of powers to the army following the explosion of the port of Beirut on August 4, 2020, makes any criticism of the army and the military authorities come under the rule of restrictions that can be imposed on the media, and this would make journalists vulnerable to prosecution in front of Military court without any guarantees of defense and a fair trial. (A prison sentence against journalist Mortada for criticizing the performance of the military institution regarding explosive ammonium nitrate materials in the port of Beirut)
Related Themes
Freedom to Publish
Sanctions in cases of media violation during emergencies
Article 6- 1 - Punishable by imprisonment from ten days to a year and a fine from fifty pounds to a thousand Pounds or one of these two penalties for anyone who violates the orders, decisions and measures taken pursuant to the provisions of Article 4 of this Legislative Decree or prevents their implementation by a positive or negative act. And when the violation occurs with an act, the law provides for a more severe punishment, so the provisions of the Moral Offenses Meeting are applied to impose this last penalty.
Not Compliant with Standards
Analysis
The penalty of imprisonment stipulated for violating the provisions of the state of emergency and the military zone, which is up to one year and applies to journalists and media outlets, is not commensurate with their natural and necessary role that they exercise in informing society and discussing public issues that concern people and their interests.
Related Themes
Freedom to Publish
