Lebanon’s Freedom of Speech at Stake: Comedian Arrested for Critical Jokes

Escalating Attacks on Free Expression: Lebanon‘s Crackdown on Critical Speech

A New Level of Repression

In a new and concerning escalation in Lebanon‘s crackdown on public criticism, authorities have arrested and investigated prominent comedian Nour Hajjar solely in retaliation for his jokes. This recent incident represents yet another attack on freedom of expression in Lebanon, as the government continues to use insult and defamation laws to suppress criticism of political, religious, and military authorities.

The Coalition to Defend Freedom of Expression in Lebanon, which includes organizations like Amnesty International, has called for Lebanese judicial authorities to refrain from bringing charges against Hajjar and others prosecuted for peacefully expressing their opinions. The coalition argues that comedy plays an important social function and that comedians should be granted the widest legal protection, especially when they are criticizing public and religious authorities or practices.

Lebanon‘s prosecutorial judges have investigated Hajjar in two separate cases in the past week. The first case stemmed from a joke he made about Lebanese army soldiers taking up second jobs as delivery drivers due to the economic crisis. Following his interrogation, Hajjar was temporarily detained and released 11 hours later. However, on August 29, he was arrested again by the Internal Security Forces’ (ISF) Criminal Investigations Division in relation to a claim submitted against him by a leading member of Dar al-Fatwa, Lebanon‘s highest Muslim Sunni religious authority.

The Question of Legal Basis and Violations of Human Rights Standards

There are several key legal and human rights concerns surrounding Hajjar’s arrest. According to Article 10 of the Lebanese Code of Criminal Procedures, the statute of limitations for prosecuting acts like Hajjar’s alleged insult to Islam is limited to three years. Legal experts argue that this statute had already expired by the time of Hajjar’s arrest. Moreover, Lebanon‘s insult and defamation provisions, which impose sentences of up to three years for insulting religious rituals, fail to meet international human rights standards and unduly restrict freedom of expression.

The United Nations Human Rights Committee, responsible for interpreting the International Covenant on Civil and Political Rights, has declared that laws prohibiting displays of lack of respect for a religion or belief system, including blasphemy laws, are incompatible with the Covenant. Therefore, Lebanon‘s arrest and investigation of Hajjar, solely based on his jokes, constitutes a violation of the right to freedom of expression.

An Escalation Amidst a Crisis

Hajjar’s arrest is part of a wider pattern of Lebanese authorities cracking down on critical speech, particularly in the midst of a severe economic crisis that has impoverished the majority of the population. Throughout 2023, Lebanese authorities have summoned journalists, lawyers, teachers, and now a comedian for merely criticizing the actions of government and public officials. This crackdown on public speech has occurred despite the government’s failure to make any progress on crucial economic, financial, and justice reforms.

Furthermore, it is worth noting that Lebanon‘s constitution guarantees freedom of expression “within the limits established by law.” However, the abuse and misuse of insult and defamation laws by the government raise concerns about the extent to which Lebanon‘s legal framework truly upholds this fundamental right.

Call for Reforms and Safeguarding Freedom of Expression

In light of these recent events, it is imperative that Lebanese judicial authorities drop criminal charges for peaceful speech. Additionally, parliament should urgently repeal laws that criminalize blasphemy, defamation, insults to religion, and criticism of political, religious, or military authorities. The Lebanese legal framework must align with international human rights standards to ensure the safeguarding of freedom of expression.

Civilians should not be tried by military courts, as this undermines the principles of fair trial and due process. Public prosecutors and security agencies should also refrain from summoning individuals for investigations simply for exercising their right to freedom of expression.

The importance of comedians and satirists in holding those in power accountable and fostering social dialogue should not be underestimated. Comedians, like any other individuals, should be free to express their views without fear of retaliation or persecution by the state.

Conclusion

As Lebanon faces growing economic challenges, it is essential to remember that freedom of expression is a pillar of a democratic society. The authorities’ continued crackdown on critical speech not only undermines the principles of human rights but also perpetuates a culture of fear and self-censorship.

Lebanon‘s government must prioritize the protection of free expression and take immediate steps to reform its legal framework, ensuring that it upholds international human rights standards. The international community, including organizations like Amnesty International and Human Rights Watch, should continue to monitor the situation closely and advocate for the necessary changes to safeguard freedom of expression in Lebanon.

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