Jurisprudence and free speech in Arab world Dr. Matt J. Duffy Berry College #FoEJuris

Biggest shift involves legislation ●Not judicial action ●Anti-terrorism laws -- updated to equate dissenting speech, journalism as acts of “terrorism” ●Saudi now defines as terrorism any speech that is an “insult the reputation of the state.” ●Saudi and UAE both expanded laws ●Jordan prosecuted w/ terror laws

Biggest shift involves legislation ●Cybercrime laws -- should just apply to hacking, fraud, copyright enforcement ●Arab countries use it to crackdown on dissent, criticism via social media ●UAE Federal Supreme Court judge sentenced activist to 3 years in prison for “damaging the reputation of UAE institutions”

Biggest shift involves legislation ●Cybercrime laws o Expanded in Qatar in 2014 o Includes any speakers that violate “any social values or principles.” ●In Lebanon, “cybercrime bureau” regularly detains speakers for “sharing crimes” o Unclear if judges are sentencing anyone, but detentions have chilling effect

Insult laws a top tool ●Judges have sentenced speakers for “insulting” the king and public officials ●In Bahrain, king just increased penalty for “lese majeste” -- 7 years in prison ●Judge sentenced blogger to 30 months o Criticized the monarchy and reported on protests ●Judge sentenced blogger to 2 years for insulting the military

Defamation laws a major threat ●In Lebanon, judges have issued large fines for defamation ●$12,000 in fines for article critical of judge o Truth apparently not a defense o Hey, at least no jail! ●In Iraq, former judge and journalist arrested on charges of defaming minister ●Reforms must focus on penal codes

●Appealing in a region of instability ●In UAE, judge sentenced two activists to 3 years and $125,000 fine ●Criticized mass trial o charged with spreading “false news” and upsetting “public order” Public order charges a favorite

●In Kuwait, judge acquitted 67 bidoon protesters of “public order” charges after months of detentions. ●Only acquittal this research revealed Public order charges a favorite

●Judges clearly not exercising independence ●In 2014, UN Special Rapporteur said UAE judicial system under “de facto control of the executive branch of government.” o An extreme example because many judges are ex- pats ●Media and NGO reports on free speech rarely identify judges. Should be remedied. Conclusions: 2 big takeaways