Qatar Media Law Exam

Media Law & Ethics / Fall 2022

 

  1. In Arab Media Regulations (2014), Duffy cites several factors – legal, cultural, political, and historical – for what he characterizes as weak cultures of media freedom in the Arab world generally and the GCC particularly. Briefly describe THREE of those factors.  A sentence or two at most for each. (5 points each, 15 total).

Historical: 

The GCC countries have mostly adopted their laws from Great Britain throughout time, hence the heavy restriction on media, as mentioned, “Indeed a better explanation for gulf countries’ approach to censorship may have more to do with their long time reliance on Great Britain for advice,” (2014, p. 64).

Legal:

Different laws that restrict journalistic practice are set in place and that limit media freedom. Example, the requirement of licensing, laws that lead to self-censorship, … etc. (2014, p. 27)

Cultural:

Several laws prohibiting “insults” are set in place which in turn are abused because any report criticizing or outing officials can be reported for defamation, and the following statements reaffirm this perspective; “All GCC laws avoid any spirit of the societal value of journalism,” (2014, p. 68), and, “Given the Arabic cultural importance placed on respect…“ (2014, p.67).

Political:

The Government’s control of media content is very high, reflecting the political involvement in which many news outlets in Qatar have to abide by in order to print and publish. Hence, this results in multiple restrictions for journalists when covering specific stories that may harm the image and/or the reputation of the State, to name a few.

 

  1. Which article of the Qatar Constitution protects “freedom of expression of opinion and scientific research”? (2 pts)

The article of the Qatar Constitution which protects “freedom of expression of opinion and scientific research” is found in Article 47, which states that, “freedom of expression of opinion and scientific research is guaranteed in accordance with the conditions and circumstances set forth in the law.” (1979, p.40).

 

  1. Which article of the Qatar Constitution protects “freedom of the press and the media”? (2 pts)

The article of the Qatar Constitution which protects “freedom of the press and the media” is found in Article 48, stating that the “freedom of the press and the media shall be guaranteed in accordance with the law.” (1979, p.40).

 

  1. Which articles of the Qatar Constitution protect the rights of “assembly” and “association”? (3 pts)

There are two articles from the Qatar Constitution which protect the rights of “assembly” and “association”. Firstly, Article 44 states that “the rights for citizens to assemble in public is guaranteed in accordance with the provisions of the Law,” (1979, p.40). Secondly, Article 45 states that “the rights for citizens to establish associations is guaranteed in accordance with the Law,” (1979, p.40).

 

  1. Name two of the four requirements for someone to obtain a “proprietor’s” license under the 1979 Prints and Publications law. (3 pts)

The first requirement is for the individual to be a Qatari national. If they aren’t one, then the individual “should have a degree from the accredited institutes or colleges and has worked for a recognized press organization for a period not less than three years, or is affiliated with one of the Press or Editor Unions.” The second requirement is for the individual to be of age, meaning 21 years old or above, as well as the expectation of the individual to be able to fulfill their requirements within their capacity. This means the individual must be able to take full responsibility and control of the prints and publications. If neither of these requirements is met by an individual, then obtaining a “proprietor’s” license is not possible for them.

 

  1. A licensed editor must have a journalism degree and a minimum of 5 years of experience in a “recognized press establishment.” True or false? Cite the section of the law that supports your answer. (2 pts)

False, as the 1979 laws specify the need to have a minimum of 10 years of experience. According to Article 14, section C, it is a requirement to have a degree from an accredited institution and to have had 10 or more years of job experience from a recognized press establishment (p. 6). Hence, the statement within the question does not meet the minimum requirement to be qualified as a licensed editor. 

 

  1. Newspapers in Qatar are required by law to publish official government notices in the “public interest.” True or false? Cite the section of the law that supports your answer. (2 pts)

True, Article 16 mentions how the editor of the newspaper shall publish statements (considered to be of public interest) that need to be sent from Qatar’s department of prints and publications, without any fee to be paid.  

“… in the first edition that shall be published after receiving such notices or statements…” (1979, p.7). 

 

  1. The government in Qatar can require a newspaper to print a correction for information it believes is false or misleading. True or false? Cite the section of the law that supports your answer. (2 pts)

 

True, Article 17 states that if a misleading article is published in the public light, then the Manager of the Department of Prints and Publication has the right to demand a correction within the next issue during its editorial phase by the editor of the paper.

 

  1. Prior restraints – gag orders against publication – are allowed under the 1979 Prints and Publications law. True or false? Cite the section of the law that supports your answer. (5pts)

 

According to Article 46, no mention of the Emir in the context of criticism is to be published, and no statement attributed to him is to be made unless approved by his Office Director. Similarly, article 47 specifies 14 specific issues that are not to be discussed on a publicly accessible platform.

 

  1. If a publication publishes material contrary to the public interest, what does the 1979 law say is the maximum time the publication can be stopped from publishing? Cite the section of the law that supports your answer. (2 pts)

According to Article 24, the Cabinet may issue a decision to halt a publication for a period of no more than one year if it is found to have contradicted national interests or served the interests of a foreign nation.

 

  1. The 1979 Prints and Publications law lists several banned subjects that cannot be part of any publication. What chapter of the law identifies those banned subjects? Name three of them. (10 pts)

The main subjects touched on are religion, public safety, and treason

Article 47 sections 

(a) All that may incite to overthrow the governing regime or offend it or cause any damage to the supreme interests of the country.

(b) All that may endanger the safety of the government of its interior or exterior security, in addition to the advocacy and promotion to embrace destructive principles.

(c) News of the official confidential communications, and the international treaties and treatises until they are ratified, except by virtue of a special authorization from the Department of Prints and Publications (p. 13- 14).

 

  1. The 1979 Prints and Publications law includes criminal provisions – that is, a person can be imprisoned for certain violations. Name two of them, including penalties for violation. Cite the section(s) of the law that supports your answer. (10 pts)

Article 30 (“It is mandatory for owning, investing in, or managing a printing press to obtain a written license from the Department of Prints and Publications:The license application shall include the following data: (a) The name of the printing press’s proprietor, his age, place of birth, nationality, and place of residence. (b) Printing press type, machinery used, location, and name, if available. (c) The name of the in-charge manager, his age, place of birth, nationality, and residence. (d) Commercial Register registration number”), 31, 32, 33. It is mandatory for both the proprietor of the printing press and its administrative manager in charge to be of Qatari nationality and has reached the age of 21 years, to be in full capacity, and not to have previously been convicted of a felony, penalty, or crime involving a breach of honor or probity unless three years have elapsed since the promulgation of the ruling or execution of the sentence, 34, 39, 40, 42, 43, and 44, in reference to licensing among other mentioned prerequisites for running a publication.

 

As for penalties, according to articles 75 and 76 of Chapter 7 – Penalties, the penalties for these violations includes  Article No. (75)  (a) which states that “any violation of the provisions of Article No. (30), (31), (32), (34), (39), (40), and (42) shall be sanctioned by imprisonment for a period not exceeding three months and a fine not exceeding two thousand Riyals, or with one of these two penalties.”, and Article No. (76) (b) which states that “Any violation of the provisions of Article Nos. (33), (43), and (44) shall be punished by imprisonment for a period not exceeding one month and a fine not exceeding one thousand Riyals, or by either of these two penalties.”

 

  1. Under what section of the Qatar Penal Code would government authorities have argued that a performance or exhibit by the band Mashrou’ Leila in 2020 would have been illegal? (10 pts)

According to Article 290 of the Qatar Penal Code, “Whoever makes gestures, dares to say or sing immoral things, or performs obscene acts in a public place or an open space shall be punished with imprisonment for a term not exceeding six months and/or a fine not exceeding three thousand Qatari Riyals (QR 3,000).”

 

Additionally, Article 292 states that “whoever produces, imports, exports, possesses or transports immoral books, prints, writings, drawings, photos, movies or symbols for the purpose of exploitation, distribution or display shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding five thousand Qatari Riyals (QR 5,000).”

 

  1. What prison time and/or fines does the Penal Code provide for defaming “somebody”? (5 pts)

The first one is under Article 330, which states that “whoever defames or insults the victim face to face and not in public, by phone, in a written letter, or in any other indirect way shall be liable to imprisonment for a term not exceeding three months and a fine not exceeding one thousand Riyals (1.000QR), or one of these two penalties.”

 

The second example comes from Article 326, “Whoever, by accusing someone of committing a legally punishable crime, or harms dignity or honor thereof, or exposes him to public disdain and malice, is said to defame that person and shall be liable to imprisonment for a term not exceeding two years and/or a fine not exceeding ten thousand Qatari Riyals (QR 10.000.)”

 

The last example is under Article 327, which states that “whoever defames a public employee because of their job or occupation, or if the offense damages the reputation of the family, shall be liable to imprisonment for a term not exceeding three years in prison and a fine not exceeding 20,000 Qatari Riyals (20,000QR), or one of these two penalties.”

 

  1. Under what article(s) of the Penal Code would it be a crime in Qatar to threaten or insult another person through a Tweet, a text or a phone call? (5 pts)

There are several articles, including: Article 8 from the cybercrime law which states, “A sentence of not more than three years in prison and a fine of not more than QAR 100,000, or either of these penalties, shall be imposed on any person who, through an information network or an information technology technique, violates social values or principles, publishes news, photos or video or audio recordings related to the sanctity of people’s private or family life, even if the same is true, or insults or slanders others”.

 

Another example is Article 330 from Qatar’s penal code (Chapter 3: Immoral and disgraceful actions). The article states : “whoever defames or insults the victim face to face and not in person, or by phone, or in a written letter, or in another indirect way shall be liable to imprisoned for a term not exceeding three months in prison and a fine exceeding one thousand riyals (1000 QAR), or one or two of these penalties.”   

 

  1. What article of what law criminalizes accessing a database to which your access is unauthorized? What are the allowable penalties for that crime? What additional penalties apply for “capturing, copying or publishing” electronic data for which you do not have authorized access? (10 pts)

According to Article 3 of Section 2 of the Cybercrime Law, anyone who intentionally and illegally gains unauthorized access to a website, system, or network and knowingly continues to abuse their access shall be fined no more than QR 500,000 and sentenced to no more than three years in prison.

If the unauthorized access results in the copying, canceling, adding, publishing, capturing, destroying, deleting, disclosing, or transferring of electronic data stored in the system, the punishment is doubled.

 

  1. What are the penalties under what article of the 2014 Cybercrime law for the publication of “false news”? (2 pts)

Chapter 2, Article (6), under the cybercrime law of 2014, it is stated that “sentenced to not more than three years in prison and a fine of QR500,000 for a person that “sets up and runs a website to publish fake news to threaten the safety and security of the State and its public order or domestic and foreign security.”    

 

  1. If you are working as a journalist and charged under cybercrime law, do you have a right to withhold your phone or computer from police investigation? What articles of the law are applicable to this question? (10 pts)

No, as a journalist you do not have a right to withhold your phone or computer from the police investigation. Such rights are reserved for authorities only in terms of collecting digital footprints, devices, and any related information to the investigation. Thus, the articles of the law which apply to this question include Chapter 1,  Article 14, which reinstates the rights of the authority within the police system and/or public prosecutors who “may search people, places, and other information systems which are relevant to the crime.” This leads to Article 16, stating that any of the evidence collected by investigative authorities is not to be excluded as long as it’s in “accordance with the legal and judicial procedures pertaining to international cooperation.” 

Furthermore, Article 17 reaffirms the authoritative rights of whether or not public prosecution sees the need to issue an order on the collection of a person’s information or devices, “as long as it deems so necessary for the investigation.” However, if a search indeed results in an individual being connected to the specific investigation, then public prosecution further holds the right to take action on the matter. So, this reflects back on Article 18, which states that the public prosecutor may order a person to turn over relevant electronic devices and information if it’s believed to be of aid to the investigation. Lastly, Article 20 states that if an individual fails to provide the necessary information or data to authority, then they “may not be justified on grounds of professional confidentiality.”

 

Extra credit: The Ministry of Information, cited in the 1979 law, is no longer the publications licensing authority. What ministry (or legal authority) replaced it? 

The Ministry of Information was replaced by the Ministry of Culture and Sports as the publications licensing authority.