P10-Legal-MediaRights

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Institute for Domestic & International Affairs, Inc.

Legal Media Rights Director: Brianna Gillespie


Š 2010 Institute for Domestic & International Affairs, Inc. (IDIA) This document is solely for use in preparation for Philadelphia Model United Nations 2010. Use for other purposes is not permitted without the express written consent of IDIA. For more information, please write us at idiainfo@idia.net


Policy Dilemma ______________________________________________________________ 1 Chronology__________________________________________________________________ 2 1950s-1960s - Era of Independence Movements_________________________________________ 2 1996 - The Establishment of Al-Jazeera _______________________________________________ 3 20 March 2003 - Operation Iraqi Freedom ____________________________________________ 3 14 February 2004 - Launch of Al-Hurra ______________________________________________ 4 2005 - Cartoons of the Prophet Muhammed ____________________________________________ 5 2006- World Press Conference_______________________________________________________ 6 27 January 2009 - President Obama’s First Interview with Al-Arabiya _____________________ 7

Possible Causes ______________________________________________________________ 8 Actors and Interests ___________________________________________________________ 9 Governments _____________________________________________________________________ 9 Domestic Media ___________________________________________________________________ 9 Foreign Media ___________________________________________________________________ 10

Projections and Implications ___________________________________________________ 11 Discussion Questions _________________________________________________________ 13 Works Cited ________________________________________________________________ 14


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Policy Dilemma Access to media is important for the education of any society. It is the role of the media not only to educate but to investigate and hold accountable the people, organizations, and governments accused of wrongdoing.

Many academics link the

freedom of the press to the development of democracy. The instability of the Middle East has allowed many governments to take control of the press, through various means, and monitor and censor material before it is released to the public. Historically, the Middle East has never had consistent access to free and uncensored press. Many governments, in the Middle East, use the media as a tool for propaganda, to quell opposition, and prevent criticism. Different governments utilize different strategies for controlling the media. Some stricter governments, like Saudi Arabia, institute strict press laws that prohibit criticism of any member of the royal family or government. If journalists do not abide by these rules, they risk losing publishing or broadcasting licenses, imprisonment, and or dismissal.

More lenient governments use funding,

advertising sales, and political editor appointments to direct content, as Jordan. In fact it has been the international press that has filled the void between the available information and the needed information. Many Arab language newspapers and news channels publish or broadcast from abroad. London play host to a number of Arab language newspapers. In January 2000, Abu Dhabi, one of the United Arab Emirates, passed a law creating a “free media zone,” the first within the Middle East.1 From this zone media outlets could broadcast and publish without censorship.

Al-Jazeera

broadcasts from this zone into numerous states in the Middle East, including in states where the media outlet is banned, through satellite. A number of countries also have created Arab language channels to address the growing Arab population. It remains to be seen how these new channels will impact the role of media in the Middle East.

1

Lowenstein, Anthony, “Al Jazeera awakens the Arab World,” Counterpunch, June 2004


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The United Nations must determine whether protecting media rights falls within their policy of “the Responsibility to Protect” (R2P). If so, the international community must decide whether access to media is a human right. If not, it is then necessary to determine how the international community can promote access to free media without violating domestic laws. A number of other factors fall under this topic, including the treatment of journalists, the government’s right to censor public material, the role of international media in terms of domestic censorship. All of these issues need to be addressed in order to resolve this issue.

Chronology 1950s-1960s - Era of Independence Movements Throughout the 1950s and 1960s, a wave of independence movements swept across the Middle East. Even after the end of colonialism the former imperial powers still held influence over the regimes that they put into place to succeed their imperial rule. Through the use of media, opposition movements mobilized against the established governments in Egypt, Lebanon, and Algeria. The Nasser revolution in Egypt succeeded, in part, due to the use of the media. In the early 1950’s, Gamal Abdel Nasser successfully led a coup against King Farouk utilizing a far reaching broadcasting system. Using the program “Voice of the Arabs”, Nasser was able to unite the illiterate and low income population within Egypt and thus rallied support for his regime2. The Free Officers Movement actually announced the success of their coup d’état via the radio.

Initially after the revolution, the media

experienced the greatest freedom Egypt had ever seen.3 Soon however, the Nasser regime employed the media to further promote their regime’s agenda. Nasser invested in the radiobroadcast capabilities of Egypt, expanding their reach enough to reach Algeria and Yemen. At the time, both Algeria and Yemen were embroiled in bloody civil wars 2

Hanson, Elizabeth. The Information Revolution and World Politics. United Kingdom: Rowman & Littlehead Publishers, 2008. 3 Rugh, William A. “Arab Mass Media: Newspapers, Radio, Television in Arab Politics,” Praeger, 2004


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against occupying powers. Through the Egyptian government operated radio station Sawt-al-Arab, the Nasser regime supported the rebel groups in both states and at times transmitted coded messages through the radio.4 The Nasser regime set the stage for government controlled or loyalist media throughout the Middle East

1996 - The Establishment of Al-Jazeera The creation of the free media zone in Doha, Qatar and the growth of satellite media prompted the development of Al-Jazeera news channel by a group of former British Broadcasting Channel (BBC) employees.

The news channel was extremely

successful because it offered the best of foreign media, professionalism and neutrality, from within the Middle East. Al-Jazeera, while successful, still faces censorship and controversy. In January 1999, the Algerian government cut power to many parts of the capital to prevent the public from seeing an Al-Jazeera report on Algerian dissidents. Other Middle Eastern governments attempt to censor Al-Jazeera and many domestic bureaus have been closed, however as a foreign based operation, Al-Jazeera has some protection.5 Conversely, many Western governments, including the United States and the United Kingdom, have criticized the network for showing graphic footage of civilian casualties in the Afghanistan and Iraq Wars, as well as airing messages from the Taliban, including beheadings and tapes from Osama Bin-Laden. The launch of Al-Jazeera revolutionized not only media in the Middle East, but developing world media, and continues to be one of the most respected international news agencies in the world.

20 March 2003 - Operation Iraqi Freedom Operation Iraqi Freedom, in terms of the media, was revolutionary. Embedded reporters with the coalition forces and live broadcasts from the ground brought the realities of war into the average viewers’ homes. Some academics argue that the Iraq war 4 5

Ibid Lowenstein, Anthony, “Al Jazeera awakens the Arab World,” Counterpunch, June 2004


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was the most filmed war ever.6 Operation Iraqi Freedom also displayed the rift between western media like the BBC, CNN, or Fox and Al-Jazeera and other Middle Eastern media. Al-Jazeera did not shy away from showing civilian causalities or opinions against the United States led invasion. As a result, embedded reporters from Middle Eastern stations often did not have the same access as Western reporters.7 After Al-Jazeera aired video of captured American soldiers, the Bush Administration isolated Al-Jazeera. At one point, then Secretary of Defense stated that Al-Jazeera promoted the propaganda supporting militancy. On 8 April 2003, a US airstrike hit the Al-Jazeera Bagdad Bureau killing a well respected reporter Tareq Ayyoub and injuring a cameraman. Though the United States claimed that the bombing was unintended, relations between the Bush Administration and Al-Jazeera never recovered.8

14 February 2004 - Launch of Al-Hurra In efforts to repair the image of the United States, and undermine the viewership dominance of Al-Jazeera, the United States government, in 2004, launched the television station Al-Hurra, meaning “the free.” This station specifically aimed for audiences in Iraq, but is available in other twenty two other Middle Eastern states. The station offers diverse programming, including subtitled popular shows, children’s shows, and most importantly news.

While many viewers polled view Al-Hurra’s news content as

unreliable, Al-Hurra does draw a considerable audience from its other content.9 Other states, like France and Russia, have also developed their own Arabic-language television stations in the Middle East.

6

Kai, Hafez, “Arab satellite Broadcasting: Democracy” Transnational Broadcasting Companies, 2005 “Control Room” Jehane Noujaim, Noujaim Films, September 2004 8 Ibid 9 “Al-Jazeera or Al Hurra: Who is the Best Communicator” Global Middle East Journal Vol.4 Issue 6, Spring 2005 7


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2005 - Cartoons of the Prophet Muhammed The largest development in terms of freedom of expression through free media has come with the release of the Muhammad cartoon by a Danish newspaper. The 12 editorial cartoons that portrayed the Islamic Prophet Muhammad were published on 30 September 2005 in the Jyllands-Posten, a Danish newspaper. This action spurred an outrage throughout the Islamic community because it was a violation of an Islamic tenet, which banned pictorials of his image. Members of the Islamic community around the world were outraged not only at the disrespect for their religion, but also for the political statement that the pictures made. The most controversial image shows the Prophet Muhammad “carrying a lit bomb in the shape of a turban on his head decorated with the Islamic creed.”13 The Danish community has claimed the cartoon was merely satire and that it was the country’s way of accepting Muslims. “We are integrating you into the Danish tradition of satire because you are part of our society, not strangers. The cartoons are including, rather than excluding, Muslims,” said Flemming Rose, the paper’s culture editor. Others disagreed, likening the caricatures to the anti-semetic pictures of the Jews in the 1920s and 1930s.14 These pictures had immense impact on the international community. Protests were staged for weeks around the world. A boycott against Danish goods was organized by Saudi Arabia, Kuwait, and other predominantly Islamic states. The boycott led to a 15.5 per cent drop in total exports from February to June,15 and approximately 140 people were killed during the riots that ensued following the release of those caricatures.16 The 13

Asser, Martin. “What the Muhammed Cartoons Portray.” BBC News. 9 February 2006. http://news.bbc.co.uk/2/hi/middle_east/4693292.stm. Accessed 7 April 2007 14 Asser, Martin. “What the Muhammed Cartoons Portray.” BBC News. 9 February 2006. http://news.bbc.co.uk/2/hi/middle_east/4693292.stm. Accessed 7 April 2007 15 “Cartoons row hits Danish exports.” BBC News. 9 September 2006. http://news.bbc.co.uk/2/hi/europe/5329642.stm Accessed 7 April 2007. 16 “Protestors killed as global furor over cartoons escalates.” Middle East Times. 6 February 2006. http://www.metimes.com/storyview.php?StoryID=20060206-081448-7380r


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Middle East, as well as many states in Asia and Africa were very disappointed with the results of such an act. The Danish newspaper claimed freedom of the press ensured their lack of liability and the majority of the Western states agreed with this assertion. In response, British writer Ziauddin Sardar stated, “freedom of expression is not about doing whatever we want to do because we can do it. It is about creating an open marketplace for ideas and debate where all, including the marginalized, can take part as equals.17” This cartoon is responsible for sparking a new debate for freedom of the press. The news polarized this issue not only in terms of religious differences but also in terms of encroachment of freedoms. It asked the international community to consider to what extent the press should be held accountable. The international response came in the form of a resolution in the UN Human Rights Council. By a vote of 24-14 with nine abstentions, the resolution read that the freedom of expression “should be exercised with responsibility and may therefore be subject to limitations as provided by law.”18 This resolution was sponsored by Pakistan on behalf of the Organization of the Islamic Conference. In response, organizations such as the Freedom House retaliated by putting out press statements condemning the resolution. “It is utterly inappropriate for the Human Rights Council to justify censorship and the stifling of dissenting voices,” said the executive director of Freedom House19. Others concurred with that assertion, some going so far as to award the editor for promoting freedom of the press in the face of adversity.

2006- World Press Conference Efforts from UNESCO over the past three years have been numerous. UNESCO continues to support freedom of expression and press as a basic human right and to that end, has organized many conferences and initiatives. Press Freedom Day has had themes

17

Cartoons row hits Danish exports.” BBC News. 9 September 2006. http://news.bbc.co.uk/2/hi/europe/5329642.stm Accessed 7 April 2007. 18 Abrams, Amanda. “Freedom House Condemns Passage of UN Resolution Supporting Limits on Free Speech.” 30 March 2007. http://www.freedomhouse.org/ 19 Ibid


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such as “Media, Development, and Poverty Eradication” and “Press Freedom, Safety of Journalists and Impunity.” The World Press Conference in 2006 established the Colombo Declaration which called on the United Nations, international financial institutions and donor governments to “to increase and coordinate their efforts in favour of free, independent and pluralistic media systems through long-term financial support mechanisms, including research, training, capacity building and infrastructural development.”20 This declaration built on the Belgrade Declaration of 2004 and reiterated the support of the international community in the effort to provide a free press.

27 January 2009 - President Obama’s First Interview with AlArabiya In a bid to repair relations between the United States and the Middle East, President Obama granted his first interview to Al-Arabiya television on 27 January 2009, over other domestic and international media outlets. He stated in his interview that “My job to the Muslim world is to communicate that the Americans are not your enemy.”21 President Obama called for the continuation of peace talks between Israel and Palestinian Liberation Organization (PLO) and praise Saudi King Abdullah for his continued work to promote the peace process.22 In his interview, President Obama also promised to close Guantanamo Bay and begin to withdraw troops from Iraq.23 This interview in addition to a more favorable foreign policy continues to work to improve relations with the Arab world by reaching out through the media.

20

Colombo Declaration. UNESCO. 2 May 2006. Colombo Sri Lanka “President gives first interview since taking office to Arab TV: Obama tells Al Arabiya peace talks should resume” www.alarabyia.net 27 January 2009. 22 “Al-Jazeera or Al Hurra: Who is the Best Communicator” Global Middle East Journal Vol.4 Issue 6, Spring 2005 22 “President gives first interview since taking office to Arab TV: Obama tells Al Arabiya peace talks should resume” www.alarabyia.net 27 January 2009. 23 “Al-Jazeera or Al Hurra: Who is the Best Communicator” Global Middle East Journal Vol.4 Issue 6, Spring 2005 23 “President gives first interview since taking office to Arab TV: Obama tells Al Arabiya peace talks should resume” www.alarabyia.net 27 January 2009. 21


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Possible Causes The lack of free media is a direct result of the many governments’ tentative hold on power and the lack of a democracy. The lack of legitimate power in many states in the Middle East leads governments to control the media in order to control public opinion. The government either owns the media resources or controls the licensing bureaus and standards, causing either direct or indirect control over content.

Even

foreign media is influenced by government intervention; Saudi Arabia owns large stakes in many media sources, including Al-Arabyia television and numerous newspapers.24 Opposition media, if it can legally operate, faces legal repercussions, government imposed closures, arrests of journalists and editors.25 Governments in the Middle East understand how powerful the media can be; mobilization media helped bring down colonialism in the region. There is historical precedent for this trend dating back to British and French colonialism throughout the Middle East and North African regions. The French, under Napoleon Bonaparte established a newspaper in Egypt to promote French dominance in the region.

The first daily newspaper in the Middle East was published in Beirut,

Lebanon in 1873. The Ottoman Empire at that time established press laws for fear that public criticism of the empire would increase and fuel numerous opposition movements. In fact, opposition media did bring down empires, however not the Ottomans, rather the British and French.26 In Egypt, the newspaper Al-Wafd opposed British rule. In Algeria, press from Egypt supported the opposition movement, transmitting messages to rebels via radiobroadcast. There is a long history of use of the media in the Middle East to fuel rebellion. For governments’ with weak grasps on power, media poses a greater risk than benefit.

24

Kai, Hafez, “Arab satellite Broadcasting: Democracy” Transnational Broadcasting Companies, 2005 Ibid 26 Rugh, William A. “Arab Mass Media: Newspapers, Radio, Television in Arab Politics,” Praeger, 2004 25


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Actors and Interests Governments Government and the media interact in a number of ways.

While some

governments censor and control the press, other governments support the press.

The

extent that the government utilizes the media varies from state to state, just as the methods with which the government influences the media changes from state to state. Many governments in the Middle East use the media as a tool to disseminate information, control public opinion, suppress open opposition and criticism.27 Ministries of Information often control licensing for publication and broadcasting, in addition to advertising spending. Government like Saudi Arabia own large shares in various media outlet, therefore can control content.28 In Lebanon, the media is diverse, reflecting the diverse society, and political parties support varying newspapers, radio stations, and television channels.29

In Egypt, established content rules govern the media, but

opposition media exists and is slowly gaining more freedom. In Jordon, loosening of restrictive press laws in the 1990s allowed for greater democratic reforms within the monarchy. Dissimilarly, in Iran, strict government ownership of all media sources prevents the flow of any information. All governments in the Middle East note that the media is a tool to reach the public; however, each state has their own approach in utilizing that tool.

Domestic Media The role of the media is to inform, educate, provide analysis, and entertain. Domestic media outlets must abide by the laws and policies of the state. These impediments limit journalists to reporting on government successes and positive cultural stories. Government failures and criticism can, in many states, prompt government intervention and censorship. In states like Saudi Arabia, Qatar, the UAE, and Oman, 27

Ibid. Ibid 29 Ibid 28


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journalists practice self censorship to survive. This type of media is called loyalist media; while not directly controlled by the government, this type of media does not openly criticize the government and is slow to respond to developments.30 In states like Egypt, Jordan, Tunisia, and Algeria mainly of the papers are privately owned, including opposition media. This type of media is called transitional media, and though it has greater freedoms, regulations and intervention prevent certain types of stories from being published.31 In states like Kuwait, Lebanon, and Iraq the media experience great freedom. This type of media is called diverse media and there is little government intervention.32

Media is an important communication, and its

importance should not be ignored.

Foreign Media Broadcasting from the free media zone, many media sources, like Al-Jazeera, have the freedom to control content and broadcast a variety of opinions without fear of censorship. Still foreign media must abide by social rules and cultural norms to appeal to the audience. In the Middle East it is considered taboo to criticize the ruling class, degrade Islam, or promote explicit material. Many news agencies have lost viewers and experienced harsh criticism for their content. While governments often times censor media with content deemed inappropriate, often times the public reaction is even worse. As mentioned previously, in 2005, a Danish newspaper published a series of cartoons depicting the Prophet Mohammad as a terrorist.

In the Middle East, these cartons

sparked a series of violent protests of Danish media and products.33 Arab media is not immune to criticism either. Numerous journalists have been forced into exile, and papers censored. For example, while Al-Jazeera will air opposition political parties, they will neither air content criticizing Islam nor content that could be perceived to insult Islam. Foreign governments, in an effort to reach out to the Middle East, have launched Arabic 30

Ibid Ibid 32 Rugh, William A. “Arab Mass Media: Newspapers, Radio, Television in Arab Politics,” Praeger, 2004 33 “Cartoons: Yemeni Journalist Banned” Aljazeera.net 13 December 2006. 31


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language television stations. However in order to succeed they must abide by the same social and cultural rules as other satellite Middle Eastern based stations like Al-Jazeera.

Projections and Implications The future of the media in the Middle East depends on a number of factors, including the growth of communications forums and foreign media, contrasting the relative stability of the Middle East. As communication forums grow through the internet and satellite television, the public criticisms of Middle Eastern government will also grow. In states, especially states with little democratic access, the media will continue to offer a voice to diverse opinions.

However, this trend has the potential to incite

government action. Government actions could include greater censorship and the arrests of journalists. Perhaps more frightening however, is the possibility for violence, as currently seen in Iran. After a contested election in June 2009, violence broke out in Iran as the government imposed a crackdown on opposition groups and media outlets broadcasting protests.34 Many of the protests were organized via the internet. The Iranian government controls the media sources within Iran, including television and radio. Opposition media, however broadcasts or publishes from outside Iran, including a television station based in California. During the height of the protests, international media, if they could get visas, were limited to filing one report a day, and often accompanied by police or government officials.35 There have been countless arrests and detentions, as well as intimidation. Media and NGOs have little access to the country and many reporters and NGO personnel wait to file reports until they are safely out of the country.36

Iran offers a

glimpse at the potential future of the Middle East if open access continues to inhibit the trend towards democratization.

34

“Iranian Elections Live� http://www.guardian.co.uk/news/blog/2009/jun/12/iran-middleeast, January 2010 Ibid 36 Ibid 35


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Conclusion Media in the Middle East has a long history of censorship and manipulation by the government.

In an age of growing technology however, the media is seen as an

opportunity to expose the actions of governments and the opinions of the people who oppose those governments. Foreign media is leading the charge, but domestic media is starting to adopt the strategies and programming of their foreign competitors. Many scholars believe that free media is important to the development of democracy. Media is important to the development of society, for education, and for social responsibility. Opening of the media is important, it is important that the international community support government actions to liberalize the restrictions on the media.


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Discussion Questions • Is access to diverse media sources a human right? • Is it the responsibility of the government to censor media? • How can the international community ensure the ability of the media to investigate and report? • What types of media exist? • How does your state address free speech? How does the type of government affect the way that media operates? • What are the roles of the media? And how do governments support and suppress those roles? • How does your state address free speech? How does the type of government affect the way that media operates? • Should the press be given unlimited control of what they publish? Do censorship laws apply in your state? Explain. • What should be the involvement of the international community in developing media is reconstructing nations? Why or why not should the UN or NGOs help with the regulation or should responsibility fall to the people under freedom of press? • How do conglomerates affect the way that the press is organized? Is it beneficial?


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Works Cited “Al-Jazeera or Al Hurra: Who is the Best Communicator” Global Middle East Journal Vol.4 Issue 6, Spring 2005 “Cartoons: Yemeni Journalist Banned” Aljazeera.net 13 December 2006. “Control Room” Jehane Noujaim, Noujaim Films, September 2004 El-Nawawy, Mohammed, “Al-Jazeera: How the Free Arab News Network Scooped the World and Changed the Middle East” 2002 “Iranian Elections Live” http://www.guardian.co.uk/news/blog/2009/jun/12/iranmiddleeast, January 2010 Kai, Hafez, “Arab satellite Broadcasting: Democracy” Transnational Broadcasting Companies, 2005 Lowenstein, Anthony, “Al Jazeera awakens the Arab World,” Counterpunch, June 2004 “President gives first interview since taking office to Arab TV: Obama tells Al Arabiya peace talks should resume” www.alarabyia.net 27 January 2009. Rugh, William A. “Arab Mass Media: Newspapers, Radio, Television in Arab Politics,” Praeger, 2004


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