Report: Qatari law prevents journalists from doing their jobs

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Two local institutions have published back-to-back reports that offer detailed insight into Qatar’s media landscape. In our first post, we covered Northwestern University in Qatar’s regional survey, which found the Internet to be the most important source of news in this country. This second report indicates some of the reasons why people here don’t look for news from the heavily-regulated traditional media.

The Doha Centre for Media Freedom has published a damning report underscoring the lack of freedom journalists have in the Gulf, including in Qatar, despite claims to the contrary by the government.

Officially released on Wednesday, “Media laws and regulations of the GCC countries” focuses on the legal framework and context that journalists work within here and across the Gulf.

Unsurprisingly, the centre’s report stands in line with the findings of Reporters Without Borders, which ranks Qatar 110th globally for press freedom, and Freedom House, which classifies the country as “not free.”

According to Qatar’s media law, which has not been formally updated since 1979, the government has the right to use “prior restraint,” meaning it can order news outlets not to cover certain subjects. The cabinet also has the authority to shut down newspapers and cancel their licenses, making it almost impossible to cover government affairs critically.

According to the report:

“The Emir officially outlawed prior restraint in a 1995 decree; however, the official media law has never been updated—a disparity that could lead to confusion. Also, the self-censorship widely practiced by Qatari news editors largely creates a system of de facto prior restraint.”

A myriad of other restrictions prevent journalists from offering critical coverage and necessitate self-censorship, including the threat of a fine or jail time for criticizing the Emir, or even attributing something to him without prior approval from his office.

Additionally, the media law protects business interests with a clause that bans causing “confusion with the economic situation in the country.” And explaining why you won’t find newspapers naming and shaming restaurants and other businesses here is the law that prohibits undermining “the reputation of a person” or his “commercial name.”

Publications are also required to be licensed, creating another means of control of the press.

Al Jazeera is largely given leeway to operate outside of the country’s restrictive media framework, although the network doesn’t consider coverage of domestic affairs as central to its mandate.

Here’s why DCMF says it commissioned the report:

At the Doha Centre, we measure a government’s compliance with press free­dom principles by the legal environment it creates and enforces to support me­dia freedom. The media landscape of a country cannot be understood without a thorough analysis of the legal mechanisms under which journalists work.

Despite the restrictive laws, DCMF’s study found that Qatar “is the only GCC nation that has issued a proposal to change their media laws to create more freedoms for journalists.”

In the proposed new media law, journalists would be protected from prison sentences for doing their job, although fines are increased to unreasonable levels in the new legislation, keeping jail time on the table for those unable to pay.

The new law would also seek to regulate electronic media, which has so far been unrestricted. That freedom in digital media likely has something to do with recent findings that people in Qatar rely to the internet as their main source of news.

Freedom of the press is in theory guaranteed under Qatar’s constitution, but it is also limited by it, based on clauses that protect state security and national unity.

The following are edited excerpts of the centre’s findings.

Restrictions on journalists in Qatar’s Penal Code:

Chapter Four of the penal code addresses “calumny (slander), defamation and secret disclosure.” These crimes are all punishable by imprisonment and fines.

Truth stands as a defense against defamation.

Invasion of privacy is also a criminal offense:

Article 256 of the penal code criminalizes blasphemy.

Restrictions on journalists in Qatar’s Media Law:

Restrictions journalists would face under Qatar’s Draft Media Law:

You can read through the full report here:

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Credit: Top photo by UNAMID, second photo by Paul Keller, third photo by Roger H. Goun.

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