Content Regulation / Censorship, Defamation / Reputation, Licensing / Media Regulation
Editorial Río Negro S.A. v. Neuquén
Argentina
On Appeal Contracts Expression
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The Court of Publications of Lebanon found a journalist for Al-Akhabar newspaper guilty of libel and disseminating false news. The journalist published an investigative report, detailing the release of two suspected drug dealers as part of the judicial corruption in Lebanon. The Court sentenced the journalist and Al-Akhbar newspaper to pay $26,605 in damages.
In May 30, 2013, Lebanese journalist, Mohammed Nazzal, published an investigative report in Al-Akhbar daily newspaper, revealing corruption in the country’s justice system. The report particularly detailed the case of two American drug dealers who were arrested in Lebanon but were later released by two judges, despite the country’s strict laws on drug-related crimes. Nazzal pointed out that while many Lebanese nationals remain in prison without trial on similar charges, the two suspected drug dealers were unjustifiably set free after an intervention by the U.S. embassy and the father of one of the suspects, a wealthy Lebanese businessman.
The publication resulted in the resignation of one of the presiding judges. The second judge, Randa Yaqzan, was later demoted.
Despite the demotion, Judge Yaqzan brought a defamation lawsuit in the Court of Publications against Nazzal. Under Lebanon’s Press and Publication Law, journalists may face fines of up to $67,000 and jail terms of up to three years for defamation, libel or disseminating false information.
The Court of Publications found Nazzal guilty of libel and disseminating false news. It found that his report lacked “any serious proof” of judicial corruption and it contained false news, which is punishable under articles 2, 3, 22, and 26 of Lebanon’s Code of Criminal Procedure and Law on Publications. [1]
The Court held that Nazzal “exceeded his role as a journalist tasked with enlightening public opinion and raising awareness.” [2] It ruled that Nazzal based on his “personal analysis and exaggerated conclusions,” damaged the honor and dignity of the judge. [3]
Ultimately, the Court sentenced Nazzal and Al Akhbar newspaper to pay a total fine of $26,605. [4]
[1] Al-Akhbar, Lebanon’s Court of Publications Strikes Again, (Feb. 25, 2014), http://english.al-akhbar.com/node/18775.
[2] Al-Akhbar, Lebanon’s Court of Publications Strikes Again, (Feb. 25, 2014), http://english.al-akhbar.com/node/18775.
[3] Al-Akhbar, Lebanon’s Court of Publications Strikes Again, (Feb. 25, 2014), http://english.al-akhbar.com/node/18775.
[4] Global Journalists, In Lebanon, 52-Year-Old Libel Law Used to Pursue Reporters, (May 06, 2014), http://globaljournalist.org/2014/05/lebanon-52-year-old-libel-law-used-pursue-reporters/.
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