MEMO 98, in cooperation with the Copenhagen based media organization International Media Support (IMS), provided consultancy & trainings to the Lebanese Association for Democratic Elections (www.ladeleb.org), an independent Lebanese NGO, in connection with the 22 May parliamentary elections. Media monitoring was carried out from 16 May through 17 June 2005 using qualitative and quantitative methods of analysis. Quantitative analysis measured the total amount of time and space devoted to elections-related coverage on state-funded television, six private TV stations, and six national newspapers (Television: State-funded Tele-Liban, Private LBC, Future Television, Al-Manar, NTV, NBN and ANB. Newspaper: An-Nahar, As-Safir, Al-Mustaqbal, Al-Balad, Al-Diyar and the Daily Star). The qualitative analysis evaluated whether the information about candidates was positive, negative, or neutral in its content. This project was partly supported by the International Media Support (www.i-m-s.dk). In the framework of this support, Rasto Kuzel of MEMO 98 conducted a media monitoring training of LADE volunteers to train them how to analyze the broadcast and print media.

The monitoring team observed media coverage of elections in order to assess:

* whether political parties and candidates are granted fair access to the media; and if the coverage of the candidate`s campaigns is done in an unbiased and equitable manner
* whether the media and authorities abide by the rules and regulations governing their conduct during the campaign both in terms of national legislation and international standards
* whether the mass media provide objective and balanced coverage of the candidates and their platforms to enable the citizens of Lebanon to make well-informed choices at the ballot box.

In addition, the project was supposed to:

* enhance the capacity of the civil and academic communities in conducting the advanced media researches
* put public pressure on journalists, editors and media owners to provide information that is more accurate, impartial and fair
* advocate for new laws to protect freedom of the press; citizens' rights to information; and political contestants' rights to political expression
* provide information to other domestic NGOs and international organizations on how the media behaviour affects the pre-election environment
* enhance skills that can be used to promote fair media practices beyond the elections and develop capacity of LADE to become familiar with monitoring of the media coverage (with special focus on covering an election) so that it can embody "know-how" skills for future media related programs
* liaise and cooperate with other domestic and international groups and organizations with similar aims and intentions

The monitoring team sought to evaluate the mass media's performance in providing objective and balanced coverage of the candidates and their platforms so the citizens of Lebanon can make well-informed choices at the ballot box.

I. Executive Summary

* The 2005 parliamentary elections in Lebanon were conducted under a non-adequate legal framework. The lack of proper media legislation has contributed to the creation of an uneven playing field during the election campaign.
* According to the EU EOM`s media monitoring results, there was a marked imbalance in coverage of the pre-election period. While the media provided extensive coverage on electoral and political issues, the State-funded television Tele Liban as well as the private TV stations failed to provide impartial and fair coverage of the main candidates and political parties or blocks.
* In terms of the tone of coverage, a number of TV stations (mainly LBCI and Future TV) provided favourable coverage to the Hariri list, whereas Michel Aoun was mainly criticized (especially after the elections in the South Lebanon) by all the TV stations apart from LBCI.
* The print media provided a plurality of views but mainly supported specific candidates or political groups. Consequently, voters could form an objective view of the campaign only if they read several publications.
* The system of holding the elections on four consecutive Sundays as well as the public announcement of results after each election day had an impact on the subsequent elections and limited the possibility for equal campaigning.
* Assassination of the prominent journalist, Samir Kassi, in a car bomb on June 2 had a chilling effect on the pre-electoral environment. Physical attacks on journalists seriously restrict freedom of speech and create an atmosphere of self-censorship.
* In the absence of any regulation for the media, the Ministry of Information and the National Audio-Visual Council (hereinafter referred as Council) initiated the Code of Ethics (hereinafter referred as Code) in an attempt to provide for objective, fair and accurate media coverage of the elections.
* A strong determining factor on the Lebanese media scene is the interaction between media and political elite showing on the part of the media especially by very openly expressed affections or disaffections (i.e. extensive politicization of the media) and on the part of the (potential and prospective) political (or power) elite in the open interference with the work of the media especially by building proprietary or cliental ties to individual media and insufficient willingness to build modern and liberal media legislature.
* A dormant danger for the Lebanese media consists in their very low resistance to misuse during the election campaigning. It is constituted by the fact that media are directly controlled by subjects vying for power in the election and also by the fact that the developments before and after the Civil War closely tied the media scene to the political life of the society.

Legal Framework for the Media

Article 13 of the Lebanese Constitution guarantees the freedom of expression, the freedom of the press, the freedom of assembly and the freedom of association. The media legislation is characterized by an absence of specific regulations connected to media during the election period. Apart from a few articles in the election law, no other provisions regulate the issue. Article 68 of the electoral law has been criticized because of its broad way in which it can be interpreted. To find some remedy to the situation, the Ministry of Information initiated the Code of Ethics (Code) for the election. On 16 May, the Ministry established a forum between the government and the main media outlets in order to secure direct communication and to have consensus on interpretation of legal provisions regarding the media (see more on the Code of Ethics).

The law on Audiovisual Broadcasting (No. 382) revoked the monopoly held by the State-funded Tele Liban and Radio Lebanon, and provided for operation of privately owned TV and radio stations. The law created two distinct categories of TV and radio stations: category 1 are those TV and radio stations that are permitted to broadcast programs, including news and political programs, to all regions of Lebanon; and category 2 are those permitted to broadcast to all regions of Lebanon but with the exception of news and political programs. Political programming is defined as follows: "Programs that discuss domestic or foreign policies and issues of public concern related to the work of ministries, all public authorities and institutions, and municipalities, their relationship with citizens and with each other, and the behavior of their employees." Although the Audio-Visual Media Law provides that only a TV stations with Category 1 licenses can broadcast news, the government made an exception for Hezbullah's Al-Manar and the Catholic Church's Télé-Lumi?re. Al-Manar was allowed to continue broadcasting of news after September 18, 1996, if it limited its domestic news coverage to information about the resistance in southern Lebanon.

To qualify for a license, a TV station must have technical and quality programming know-how and the funding needed to operate. The law also set forth a list of diverse and potentially conflicting broad principles that were to be taken into consideration in granting licenses. Among these were "respect of ... the freedom and rights of others, the pluralistic nature of the expression of ideas and opinions, the objectivity of news and events broadcasts, the preservation of public order, the needs of national defense, and the exigencies of public welfare." The law also imposed a special requirement with respect to Israel, stating that stations may not broadcast anything that "promotes a relationship with the Zionist enemy."

The law provides for establishment of the National Audio-Visual Council (Council), an advisory ten-member which is to assist the cabinet of ministers in its decision-making. Half of the council members are appointed by Parliament and half by the government, with all of them serving three-year terms. The law also empowers the Ministry of Information to monitor the media and close TV and radio stations that violate the rules. If a television or radio does not conform to the provisions set forth by the law, Ministry of Information (at the recommendation of the Council) may bar the media outlet (or corporation) from broadcasting for a maximum of three days. For a second offence committed within a year of the first the council of ministers, at the recommendation of the Minister of Information and the Council, may bar the corporation from broadcasting for a period varying from three days to a month. A television company may appeal any decision by the Minister of Information and the Council to the courts and if a court reverses the decision, the company may seek compensation of up to 10 million L.P. ($6,635.) for every day of stoppage for a television station and up to 3 million L.P. ($1,990) for every day of stoppage of a radio station.

Television and radio stations may also be liable under the Lebanese penal code, press law, and other relevant laws on the books. Such penalties may be harsher, in accordance with Article 257 of the penal code. Accordingly, broadcasting is considered the equivalent of publications, as stipulated in Article 209 of the penal code. Articles 385, 386 and 387 all relate to defamation. Article 385 states that "whoever disseminates a fact, albeit doubtfully, in relation to another that is injurious to honor or dignity." Article 386 lays down a sentence varying between two months and two years for statements which defame "the President of the Republic", a sentence of up to one year in prison for statements which defame "law courts, organized institutions, the army and public administration or a civil servant who exercises authority in his official capacity", a sentence of up to three months or a fine varying between 20 thousands L.P. and 200 thousands L.P. for statements which defame any other public employee because of his position or title. Article 387 stipulates that "no action for defamation or libel of a public official (except the President of the Republic) can be maintained if the alleged act on which the charges are based can be proven to be true". Article 388 lays down a sentence varying between a month and a year for statements of contempt against the President of the Republic, a sentence of up to six months in prison for statements of contempt against law courts, organized institutions, the army and public administration or a civil servant who exercises authority in his official capacity", a fine varying between 20 thousands L.P. and 100 thousands L.P. for statements which defame any other public employee because of his position or title.
Background to the Media

There is a wide range of media in Lebanon that includes electronic media (television, radio and Internet), newspapers and magazines. There are seven mainly sectarian-based TV stations and more than 30 radio stations. There are seven local (category 1) television stations: Future TV, Lebanese Broadcasting Corporation International (LBCI), Al Manar TV, New TV (NTV) in 2001, Tele Lumiere (not licensed), National Broadcasting Network (NBN), Murr TV (closed by the Publications Court) and the State-funded Tele Liban. The most popular TV stations are LBCI and Future TV and they also have the best coverage. The diversity of the media is large including media that are printed or broadcast in Arabic, English, or French. In addition, at least two radio stations broadcast in Armenian.

The most important radio stations include: Voice of Lebanon, Voice of Free Lebanon, Radio Orient, State funded Radio Lebanon, Voice of People, Al Nour and Sout Al Harid. While most of the media outlets are based in Beirut, there are some minor electronic and print media that operate in the regions. Television is by far the most important and influential source of news and information. While not every ethnic group owns or produces its own media outlet, the main political parties control their own media. The State-funded television Tele Liban exists on the state subsidies and often represents the interests of the authorities. The private media are controlled by financial and political groups and thus often serve to their interests, and not the interests of the readers or viewers. The situation is also aggravated by the inadequate education and lack of professionalism of journalists. Professional standards are low, due both to pressure on journalists to offer favorable coverage to their patrons and old traditions of the journalist as opinion-maker.

In Lebanon, due to diversity of races, languages and confessional communities, the media are the voice of the communities, groups and parties but does not serve as a forum for the exchange of opinions, public debate, confrontation, investigation and commentary that would offer the public fully informed, analyzed and assessed views of persons and groups seeking elected office. Nevertheless, in comparison with the other countries of the Arab world, it could be said that Lebanon has a long tradition of public freedoms (of speech, education, press).

The print media provides a plurality of views but also often represents the opinions of its owners or political patrons. The cost of newspapers remains high while the paying capacity of ordinary citizens remains low. Due to the economic situation, newspapers have been unable to increase their circulation. This makes them an easy target for political and financial structures that succeed in getting control over the publications and in return request favourable coverage. Therefore, the number of independent newspapers is very small (An Nahar and As Safir). However, newspapers are generally not under such a strict political control as TVs. Newspaper An Nahar (circulation approximately 30. 000 issues per day) is considered to be among the most independent media outlets in the country. Approximately 100 licenses for newspapers had been issued until 1952. No license for a newspaper with a political content has been issued ever since. Only about 48 newspapers (with the political content) currently operate in Lebanon - the rest of the licenses are not used. In order to start publishing a newspaper, allegedly it is possible to buy (or rent) a license from some of the current license holders.

Media Coverage of Elections

The 2005 parliamentary elections in Lebanon were conducted under a non-adequate legal framework. The lack of proper media legislation has contributed to the creation of an uneven playing field during the election campaign. The only media related provision in the electoral law is Article 68 which forbids any form of political advertisement in the media. The penalty for doing so is closure. However, traditional paid advertisement through media is only tolerated in newspapers, not on the electronic media. Political coverage is restricted to reports on news programmes, debates, and talk shows.

There was a divergence between the media`s portrayal of the candidates and the election campaign prior to the various election days (the campaign in the media prior to the first and second election days was less confrontational than prior to the third and fourth ones - especially the last days of the campaign for the elections in Mount Lebanon and the Bekaa Valley were marred by insults and accusations). In general, the main electronic media failed to serve as a forum for discussion, where opinions might be shared and exchanged freely. Consequently, while there was basic information about all the contestants in the elections, the public was not sufficiently informed on their political programmes and issues at stake in the election. The monitoring conducted by the EU EOM also revealed that a consistent practice on majority of monitored media outlets is neglecting to air opposing views in the body of particular stories.

Electronic media devoted Hariri list the bulk of their coverage with Hariri-owned Future TV providing the most in the Beirut elections. Several interlocutors revealed that following the Rafiq Hariri assassination, Future TV became a clear propaganda tool to promote the political interests of the Hariri list, which in general received a very positive coverage, whereas the other contestants were covered mostly in a neutral or even negative way. Generally, the media attention shifted to Hezbollah-Amal coalition ahead of the elections in the South.

In its news and current affairs programmes, the State-funded television Tele Liban failed to provide impartial and fair coverage of the main candidates, even if it is to a lesser extent than private media. As such, the State-funded Tele Liban did not meet its obligation to broadcast news and publicize programs in an unbiased, balanced and objective manner, offering the general public a basis for choosing candidates and political parties.

The print media provided a plurality of views but mainly supported specific candidates or political groups. Consequently, voters could form an objective view of the campaign only if they read several publications.

In a positive development, some TV stations (mainly LBCI) organized televised debates amongst some candidates, providing a forum for an exchange of views. In general, political talk shows and debates gave a more balanced coverage of the candidates and political groups. However, the State-funded Tele Liban only included candidates from Hariri`list during its political talk shows.

Code of Ethics

A number of media outlets did not observe the 24 hours campaign moratorium stipulated by the Code of Ethics (Chartre des Principes - hereinafter referred as Code). For example, LBCI aired public opinion polls on E-day during elections in Mount Lebanon and Bekka. The Code was initiated by the Ministry of Information and agreed by the National Audio-Visual Council (Council) and the main broadcast media editors. TV and radio editors signed it on 16 and 27 May respectively. The Code provided the media with a self-regulatory framework but was not a legally binding document. By signing the Code, the media voluntarily agreed to "report and interpret honestly, striving for accuracy, fairness and disclosure of all essential facts". Further, they agreed not to "suppress relevant available facts, or give distorting preference to one group over another and ensure efficient balance between competing candidates". Among other things, the Code stipulated the campaign moratorium 24 hours prior to election day, to avoid hate speech, to provide sufficient explanations of the electoral process to the voters and to preserve professional integrity in reporting. The signatories of the Code (six representatives from among the TV editors, the Ministry of Information and the Head of the Council had regular weekly meetings to discuss the media coverage of the campaign. Candidates and citizens lodged some formal complaints concerning the media coverage of elections to the Council. However, the Council did not report publicly on adjudicating any of these formal complaints.

Administrative restrictions and violence

The writer and journalist, Samir Kasir, a prominent opponent of Syria`s influence on Lebanon, was killed in a car bomb explosion outside his home in Beirut on 2 June. Opposition politicians alleged that perpetrators of the crime are Lebanese-Syrian security
Services and called for President Lahoud`s resignation. Mr Kassir also played a pivotal role in uniting the opposition and organizing demonstrations in March, following the assassination of Rafik Hariri. Gebran Tueni, the An Nahar`s General-Manager, accused the Syrian government to be responsible for the assassination. During a television interview, Walid Jumblatt claimed that Syrian forces were still active in Lebanon, and that they possessed a hit list. Some journalists believed that assassination of Samir Kasir was a warning for other journalists not to cross the red lines. Physical attacks on journalists seriously restrict freedom of speech and create an atmosphere of self-censorship.

Journalist Zahi Wehbi has faced libel charges due to the publication of one article indirectly targeting President Lahoud. According to the Criminal Code he might be sentenced up to two years of imprisonment. There have been also two other cases linked to freedom of expression. In both cases the journalists will be tried for slander against institutional figures.

This situation has made it very difficult for Lebanese to get accurate and unbiased coverage of political parties, candidates and other issues. In general, the media`s biased coverage of the election demonstrated that Lebanon still lacks a strong and independent media able to provide objective and balanced information to the electorate to make a well-informed choice at the ballot box. Many people believe that in Lebanon television just reflects issues in the society and it does not provide analytical reporting. Historically, media outlets in Lebanon were used as weapons and many journalists believe that it is good for them (and for the media) to be controlled by politicians. For many journalists, journalism is only a way to get into politics.

A strong determining factor on the Lebanese media scene is the interaction between media and political elite showing on the part of the media especially by very openly expressed affections or disaffections (i.e. extensive politicization of the media) and on the part of the (potential and prospective) political (or power) elite in the open interference with the work of the media especially by building proprietary or cliental ties to individual media and insufficient willingness to build modern and liberal media legislature.

Another dormant danger for the Lebanese media consists in their very low resistance to misuse during the election campaigning. It is constituted by the fact that media are directly controlled by subjects vying for power in the election and also by that that the development before and after the Civil War closely tied the media scene to the political life of the society. The interaction of politicians and journalists is evident in all media outlets. Some media and journalists seem to have come to believe that their mission lies in active cooperation with politicians and, in fact, in participating in political life. The fact that many journalists are on constant payrolls of political parties is a highly disturbing fact. Another huge problem is a direct interaction between intelligence officers and journalists. Not long ago, it is alleged that journalists were under a very strict control of both Syrian and Lebanese security forces receiving direct instructions concerning the actual content of the news programs.

There is a need to ensure transparency of the media and prevent concentration of ownership to make public all ownership-related details on broadcast license holders. Improving the quality of media discourse, now often characterized by an overwhelming tabloid slant, ultimately depends on the journalists. Apart from changing the system of educating journalists, it is equally important to create a suitable environment for their professional development and ensure their adequate remuneration. Such an environment could be both an independent and free public television as well as a financially stable private media. Advertising market is very small and thus each media outlet needs subsidies (the whole advertising market in the media constitutes approximately $ 140 million dollars).
Most of interlocutors believed that Ministry of Information and National Audio-Visual Council have very limited powers and do not work effectively. Most of the media outlets violated Article 68 of the electoral law but neither the Ministry of Information and nor the Council did take any action to enforce the law and sanction the offenders.
Many journalists were highly criticizing the work of the two syndicates - the Press Syndicate and the Editor`s Syndicate - as very inefficient. For example, none of the syndicates issued any statement after the assassination of Samir Kasir condemning the felony and showing their solidarity.

Political corruption is widely considered to be the most outrageous in the Arab world. In its Corruption Perceptions Index, Transparency International listed Lebanon as the most corrupt of 11 Middle Eastern and North African countries surveyed (2003).
Recommendations

* Proper media legislation regulating equal access to the media for political parties and candidates should be introduced. This legislation should also incorporate elements of the Code of Ethics, and give executive power to the independent body for the regulation of the media (possibly the Council).
* Efficient system dealing with media-related and election complaints should be introduced which would allow voters, candidates and polling station committee members to obtain legal redress. The highest level of an independent election administration should be ultimately responsible for the resolution of election-related complaints
* Libel should not be punished with imprisonment. Criminal defamation provisions should be repealed entirely.
* The electoral law should be completely modified. Discussion on a new electoral law should be inclusive, engage state institutions, political representatives, civil society and citizens.
* The Election Law should be amended to require the publicly funded media and private broadcasters, to provide fair and balanced coverage of parties in the news and current affairs programmes. This is particularly important for candidates during election campaign periods. However, the right of the private media to editorial comment and to provide critical analysis should be respected.
* The media-related provisions of the Election Law should be introduced to clearly distinguish between the State and private media. They should clearly stipulate the media coverage of election concerning the allocation of free time, paid time, news programs, etc.
* An independent election administration should be created along with introduction of a consistent system of laws and regulations to adequately support all aspects of the electoral process.
* Elections in future should be held on a single day as foreseen by law, in order to provide equal opportunities for voters and contestants.
* Campaigning should be forbidden on election day. The electoral law should stipulate for a moratorium 24 hours prior to election day and on election day.
* Regulations covering campaign finance issues should be introduced to improve the transparency of the funding of candidates` election campaigns, with data on candidates` campaign donations and expenditures made publicly available. Steps to improve the transparency of campaign spending should be legislated, and the independent election administration or other State body should have full responsibility to scrutinize campaign accounts.
* In general, the media-related provisions of the Election Law are very broad and fail to clearly distinguish between State and private media. They should clearly stipulate the media coverage of election concerning the allocation of free time, paid time, news programs, etc. These shortcomings should be rectified.
* Article 68 of the electoral law prohibits any paid political advertising on the media. The media should not violate this provision. If a paid political advertising is allowed then it should be clearly marked as such and it should be offered at the same price for all the registered candidates or political parties.
* The electoral law is silent on allocation of free airtime. Consideration should be given to possible introduction of direct access programmes on the State-funded television Tele Liban. International norms discernible from a wide range of state law and practice confirm that governments have an obligation to ensure that parties and candidates have access to government media to broadcast their views during election campaign periods. Such access is an essential aspect of the right to freedom of political communication in light of the tremendous impact of radio and television on public opinion and the public service nature of government-owned media.
* Currently, the Audio-Visual Media Council is not independent of government which appoints half of its members. In addition, the government is in charge of issuing licenses. The Council should have a clear mandate and should be free to make independent decision in terms of licensing. It also should ensure respect for media related provisions including the equitability of broadcasters' campaign related coverage and to take prompt and effective action against serious legal violations. It should rule on complaints and enjoy effective powers to sanction violations and enforce its decisions. Establishing a programme to systematically monitor the media during an election campaign period would assist the statutory body in this task.
* The Council should be granted a larger jurisdiction, to enable it to ensure transparency in the broadcasting market and prevent concentration of ownership.
* Generally, the media reporting should be more responsible and journalists should observe higher journalistic standards. If a deliberate misinterpretation of information occurs and an actual political entity using the media stoops to such forms of its own promotion, the general public's distrust towards the election process increases and any government ascending to power seems questionable. Ultimately, this can even increase the division between politicians and citizens who naturally grow skeptical since the loss of confidence in an actual political entity or process. Therefore it is very important to make sure that the general public is offered fair, unbiased, objective, and balanced information about political affairs based on which citizens can make qualified decisions.
* State authorities and political parties should refrain from interfering in the activities of journalists and other media personnel with a view to influencing elections. There should not be any violence, detentions, intimidation, threats, closures or pressure on the media by public authorities. It is not permissible for anyone to attack media because they do not like what is reported or do not like criticism. By entering public life, government officials have to be prepared to respond to any questions presented by journalists. Therefore, to counter libel or defamation, the government should not use harsh and non-democratic measures curbing media freedom. The free media cannot operate under threat or under constraint.
* Professional organizations, such as the Press and Editors Syndicates, and both state and private broadcasters should encourage the training of their journalists and put in place a system to motivate and reward journalists open to training.
* The State authorities should move ahead and transform State-funded broadcasters into an independent public service media that will develop a neutral, objective and informative editorial line and its reporting will be balanced including when covering government activities during an election period.