Publications Law
Article 20 The person who committed the crime through publications shall be punished by imprisonment from three months to one year and a fine of three thousand to five thousand Lebanese pounds, or on ...
More DetailsNot Compliant with Standards
Analysis
When a state party to the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression, those restrictions may not jeopardize the right itself. The restrictions stipulated in Article 292 of the Penal Code absolutely prohibit the right to criticize heads of states and their political representatives, and the principle of acquittal is not applied in the event that an act of defamation is proven against them, without any legitimate legal justification or necessity. Also, the imprisonment penalty prescribed for demeaning these personalities is considered disproportionate to the act prescribed in a democratic society and in violation of the provisions of Article 19 of the Covenant. (Human Rights Committee, General Comment No. 34, Article 19 of 2011)
Recommendations
Abolishing the loose phrases and defining the acts that are considered to be the dissemination of false news with the intent of clearly harming public peace and security, provided that all texts related to the subject and also stipulated in the Publications Law are unified and the unjustified imprisonment penalty is abolished.
Publications Law
Article 22- Humiliation, slander, or slander directed at an employee because of his position or capacity is punishable by imprisonment from one to six months and a fine of three thousand to five thous ...
More DetailsNot Compliant with Standards
Analysis
When a state party to the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression, those restrictions may not jeopardize the right itself. The restrictions stipulated in Article 292 of the Penal Code absolutely prohibit the right to criticize heads of states and their political representatives, and the principle of acquittal is not applied in the event that an act of defamation is proven against them, without any legitimate legal justification or necessity. Also, the imprisonment penalty prescribed for demeaning these personalities is considered disproportionate to the act prescribed in a democratic society and in violation of the provisions of Article 19 of the Covenant. (Human Rights Committee, General Comment No. 34, Article 19 of 2011)
Publications Law
Article 23 (amended by Law 330 on 18/5/1994 ) If one of the publications attacks the person of the head of state in what is considered an insult to his dignity, or if it publishes something that inclu ...
More DetailsNot Compliant with Standards
Analysis
When a state party to the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression, those restrictions may not jeopardize the right itself. The restrictions stipulated in Article 292 of the Penal Code absolutely prohibit the right to criticize heads of states and their political representatives, and the principle of acquittal is not applied in the event that an act of defamation is proven against them, without any legitimate legal justification or necessity. Also, the imprisonment penalty prescribed for demeaning these personalities is considered disproportionate to the act prescribed in a democratic society and in violation of the provisions of Article 19 of the Covenant. (Human Rights Committee, General Comment No. 34, Article 19 of 2011)
Military Judiciary Law
Article 157 - Amended according to Decree No. 1460 dated 8/7/1971, Paragraph 1 any person who, by means of one of the means mentioned in Article 209 of the Penal Code, insults the army or the army, o ...
More DetailsNot Compliant with Standards
Analysis
When a state who is a member of the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression and the circulation of information, such restrictions may not jeopardize the right itself. The restrictions stipulated in Article 157 of the Military Judiciary Law constitute a violation of media freedom by providing an absolute ban on the circulation of any information related to the army and military authorities without the approval or authorization of those authorities, which constitutes a prior censorship of the media and the freedom of information circulation.
Penal Code
Article 385- Any imputation, even in the form of doubt or questioning of a fact which attacks the honor or the consideration of the person to whom it is imputed, is a defamation. Any term of contempt, ...
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Analysis
Paragraph 3 of Article 19 of the Covenant allows for certain restrictions on the right to freedom of expression, but only if they are specified by law and are necessary to respect the rights or reputations of others. The text of Article 385 of the Penal Code, which defines the offense of defamation (defamation) in the first paragraph, includes elastic and unclear phrases and an absolute ban on all forms of expression that include direct or indirect harm to the reputation of public individuals, even if it comes within the framework of asking any questions regarding an issue of public interest. Any restriction on freedom of expression must be carefully crafted, and as so the text of Article 385 of the Penal Code jeopardizes the right to freedom of expression itself, limits the ability of citizens and the media to comment on public issues, and impedes political discussion (Commentary No. 34 on Article 19, Human Rights Committee).
Recommendations
Defamation should be decriminalized, and decriminalization does not mean that the right to protect the reputation of any person will not be preserved, but instead of criminalization and imprisonment, the victim has the right to resort to the civil judiciary and claim civil indemnities.
Penal Code
Article 292- The same penalties shall be imposed upon the complaint of the injured party for the following crimes: - Publicly insulting a foreign country, its army, flag or national emblem. -Insulting ...
More DetailsNot Compliant with Standards
Analysis
When a state party to the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression, those restrictions may not jeopardize the right itself. The restrictions stipulated in Article 292 of the Penal Code absolutely prohibit the right to criticize heads of states and their political representatives, and the principle of acquittal is not applied in the event that an act of defamation is proven against them, without any legitimate legal justification or necessity. Also, the imprisonment penalty prescribed for demeaning these personalities is considered disproportionate to the act prescribed in a democratic society and in violation of the provisions of Article 19 of the Covenant (Human Rights Committee, General Comment No. 34, Article 19 of 2011).
Penal Code
Article 384 - Whoever insults the head of state shall be punished with imprisonment from six months to two years, and the same penalty shall be imposed on whoever publicly insults the flag or the nati ...
More DetailsNot Compliant with Standards
Analysis
Most state laws contain provisions that criminalize insulting the head of state and include emprisonement sanctions. Germany has decriminalized insulting foreign presidents, representatives of foreign countries and their ministers only, but insulting the German president is still a crime. “Insult” is not defined in the Criminal Code, but the courts have interpreted it as “a manifestation of knowingly and willing disregard or contempt for another person. France has abolished the prison sentence for insulting the head of state in 2001 and since 2013 has decriminalized the act of insulting a chief Country.
Recommendations
Firstly, making defamation directed at the President and the army not result in imprisonment. Secondly , prohibit Public figures to be granted special protection from defamation. Thirdly, The law should explicitly recognize the public interest in criticism of public figures and public authorities. Fourthly, Amending Article 317 of the Penal Code so that only statements that contain hate speech are criminalized.
Penal Code
Article 386 (amended by Law 239 on 27/5/1993 ) Defamation by one of the means specified in Article 209 is punishable by: Imprisonment from two months to two years if it is directed against the head o ...
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Analysis
Article 386 permits the imposition of a prison sentence of up to two years against anyone who commits an act of defamation against any of the public officials who exercise public authority or against public bodies such as the judiciary and the army, while exercising the right to freedom of opinion and expression. These harsh penalties to protect the reputation and dignity of political officials who are in charge of public affairs and stipulated in Article 386 are incompatible with freedom of opinion and expression in a democratic society, and are unnecessary and disproportionate to the authority that it claims to protect.
Recommendations
Firstly, making defamation directed at the President and the army not result in imprisonment. Secondly , prohibit Public figures to be granted special protection from defamation. Thirdly, The law should explicitly recognize the public interest in criticism of public figures and public authorities. Fourthly, Amending Article 317 of the Penal Code so that only statements that contain hate speech are criminalized. Fifthly, abolishing the prison sentence for not being proportional with the act.
Penal Code
Article 387- With the exception of the slander inflicted on the head of the state, the suspect is acquitted if the subject of the slander is an act related to the job and is proven correct.
More DetailsNot Compliant with Standards
Analysis
Article 387 of the Penal Code permits acquittal from the offense of defamation if the facts presented to public officials are proven, but this article excludes the President of the Republic from the possibility of proving the actions attributed to him in his face and benefiting from not imposing the punishment stipulated in Article 386 of the Penal Code. This article contradicts the text of Article 7 of the Constitution, which guarantees the equality of all Lebanese before the law and the principle that all Lebanese must bear public duties without any difference between them. This restriction would also impede the right to freedom of expression itself and limit public debate (refer to the commentary on Article 386 of the Penal Code).
