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Chapter 18 Freedom of Expression:
Defamation Laws
Topic: ‘Abuse and Hot Issues of Human
Rights in Egypt’
Professor: Karel Van Oosten
Group 5:
Group Members: Meas- Phallin (69986)
Prak- chansidavuth (57304)
Academic Year: 2015- 2016
Contents
I. Generalization of Egypt
II. Defamation laws in Egypt
III. Law Preventing Extremism and Terrorism
IV. Issue of Egypt’ s President
V. Freedom of Association, Expression, and Assembly in Egypt
VI. Violence and Discrimination against Women
VII.Conclusion
VIII.References
IX. Discussing Questions
I. Generalization
 Egypt is situated in the northeast corner of the Africa. Covering 386,662
square miles, it is almost twice the size of France and the twelfth largest
country in Africa. To the north of Egypt is the Mediterranean Sea, to the
south is the Sudan, to the west is Libya and to the east of Egypt is the Red
Sea.
I. Generalization
 Official name: Arab Republic of Egypt
 Government type: Unitary semi-presidential republic
 President: Abdel Fattah el-Sisi
 Capital: Cairo (also the largest city)
 Population: 80,264,543 (2007 estimated)
 Area of Egypt: 1,001,450 sq. km (386,662 sq. mi)
 Currency: Egyptian Pound
 Major Religion: Islam
 Major Languages: Arabic (most official), English and French.
II. Defamation laws in Egypt
 ‘’Defamation ‘’  a catch-all term for any statement that hurts someone’s
reputation
 Written defamation  is called ‘’ libel’’.
 Spoken defamation  is named ‘’ slander’’.
 A person who has been defamed can sue the person who did the defaming.
 "Actual malice" means that the person who made the statement knew it
wasn't true, or didn't care whether it was true or not and was reckless with the
truth.
 Private people who are defamed have more protection than public figures --
freedom of speech isn't as important when the statements don't involve an
issue of public interest. A private person who is defamed can prevail without
having to prove that the defamer acted with actual malice.
The Purposes of Adopting Defamation laws in Egypt
 Defamation law aims to strike a balance between allowing the
distribution of information, ideas, and opinions, and protecting people from
having lies told about them. It's a complicated area of law.
 Defamation law tries to balance competing interests. People should not
ruin others' lives by telling lies about them; but on the other hand, people
should be able to speak freely without fear of litigation over every insult,
disagreement, or mistake. Political and social disagreement are
important in a free society, and we obviously don't all share the same opinions
or beliefs. For instance, political opponents often reach opposite
conclusions from the same facts, and editorial cartoonists often exaggerate
facts to make their point.
II. Defamation laws in Egypt
Slander and libel laws in Egypt.
 Egypt Defamation Laws Allow For Higher Penalties If You Insult A Government
Official
 According to a report by the BBC, Egypt’s Press Law was amended to allow for
increased fines in cases where an official is accused of corruption. Prison sentences for
serious media crimes, like libeling the president and foreign heads of state, remain. In
addition, imprisonment for libel is left to the judges’ discretion rather than being banned
altogether.
II. Defamation laws in Egypt
 Blasphemy is a Serious Slander in Egypt.
There is a version of an anti-blasphemy law in Egypt which may be relevant to
defamation legislation. Violation of Article 98(f) of the nation’s penal code can bring five
years of prison for “defaming a heavenly religion” or “insulting Islam.” A report states
that the provisions of Article 98 (f) in Egypt, which in theory is meant to discourage
people from offending others’ religious sensitivities, is instead used to stifle free speech
and intimidate those who do not subscribe to the standard Orthodox version of Sunni
Islam practiced by most in Egypt.
II. Defamation laws in Egypt
International Reaction To Egypt’s Defamation Laws
 By way of conclusion, Article 19 (the International Centre against Censorship) has released its
opinion that Articles 303 (a), 306 and 307 of the Egyptian Penal Code (Re: legitimacy of custodial
sanctions for defamation) is contrary to Egypt’s obligations under Article 19 of the International
Covenant on Civil and Political Rights. As of the publication date of September 2, 2009 by Article
19 and the Justice Initiative Submission to the UN Universal Periodic Review, defamation remains a
criminal offense in Egypt and has been frequently and widely used to limit freedom of expression.
 May 2013 Update: U.S. Officials are calling for Egyptian officials to review the country’s
defamation laws. According to reports, American representatives sent a public message expressing
“deep concern” over free speech rights in Egypt.
III. Law Preventing Extremism and Terrorism
 In 2014, three Al Jazeera English journalists were sentenced to between 7 and 10 years
for aiding a ‘’ terrorist organization,’’ referring to the banned Muslim Brotherhood, and
endangering Egyptian national security.
 The prosecution accused the three of producing false news reports, which helped the
Brotherhood to spread ‘’ lies’’ harmful to national security. At least 17 other journalists and
opposition figures face similar charges related to the same case.
 Two-other co- defendants, in the case, a Dutch woman and two British citizens, were
sentenced to 10 years in absentia on the same charge of aiding a ‘’ terrorist group.’’
III. Law Preventing Extremism and Terrorism
 Media organizations around the world took part in a global day of protest
commemorating the three Al Jazeera journalists’ 100th day in prison while awaiting trial .
 Five different television channels were shut down, one affiliated with the Muslim
Brotherhood and the others affiliated with Salafist groups, for either being a ‘’ terrorist
movement,’’ aiding a terrorist movement or sympathizing with terrorist movements.
 According to one often cited estimate, more than 41,000 were arrested in the period
between the July 3, 2013 coup overthrowing President Morsi and May 15, 2014, with
nearly 36,500 of those detained during political events, and 3,048 arrested for being
members of the Muslim Brotherhood, which was declared a terrorist organization
following Morsi’s ouster.
IV. Issue of Egypt’ s President
 President Abdel Fattah al-Sisi, who took office in June 2014—a year after ousting
Mohamed Morsy, Egypt’s first freely elected president—leads a country still in crisis.
Authorities have imprisoned tens of thousands, effectively banned protests, and outlawed the
country’s largest opposition group, the Muslim Brotherhood. Courts have sentenced
hundreds to death, including Morsy, after unfair trials.
 In Al-Sisi issued a sweeping counterterrorism law that expanded the authorities’ powers.
Law enforcement forces, especially the Interior Ministry’s National Security Agency,
committed torture and enforced disappearances, and deaths in custody continued. Mass trials
mostly targeting Brotherhood members failed to establish individual guilt. At least 3,000
people were charged or sentenced in military courts.
VI. Freedom of Expression in Europe
 Egypt’s new constitution contains language that appears to protect free expression, peaceful
assembly, and association, but authorities detained thousands solely for their peaceful exercise
of these rights.
 Free Expression
Authorities detained dozens of people for such offences as possessing flyers with anti-military
slogans, rapping in public against the police, or displaying signs commemorating victims of the
Rab’a dispersal. Journalists, academics, former lawmakers, and human rights defenders were
among those charged with crimes or banned from travel outside Egypt. Police arrested three Al
Jazeera English journalists, Mohamed Fahmy, Peter Greste, and Baher Mohamed, in late
December 2013, and a court handed down multi-year prison sentences in June 2014 after a trial
in which prosecutors failed to present any credible evidence of criminal wrongdoing.
 Freedom of Assembly
A November 2013 law on public assembly allowed the Interior Ministry to ban and
forcefully disperse protests and arrest participants on vague grounds such as “impeding
citizens’ interests.” On April 7, 2014, a court rejected appeals from April 6 Youth Movement
co-founders Ahmed Maher and Mohamed Adel and activist Ahmed Douma against their
three-year sentences for breaking the law. Authorities also used the law to detain prominent
activist Alaa Abdel Fattah and human rights defenders Mahienour al-Masry and Yara Sallam.
 Freedom of Association
In September 2014, al-Sisi signed an amendment to the penal code that mandates a life
sentence and a fine of 500,000 Egyptian pounds (US$69,900) for anyone who takes foreign
funding to harm the national “interest” or “unity,” a provision Egyptian rights activists fear
will be used against them and other nongovernmental organizations (NGOs).
VII. Violence and Discrimination against Women
 At least 91 women were sexually harassed in four days of protests from
June 30, according to Human Rights Watch. Amid the current protests,
some men have formed protective circles around female protesters so the
women won’t fall into what's been called “a circle of hell.” “Circles of
hell” have been reported by human rights activists in Cairo's Tahrir Square,
where groups of men, sometimes 100 or more, surround a woman, beat her,
rip her clothes off and sexually assault her.
VIII. Conclusion
 By Article 19 and the Justice Initiative Submission to the UN, Universal Periodic
Review, defamation remains a criminal offense in Egypt and has been frequently and
widely used to limit freedom of expression.
 According to all of the above issues and abuse of Human Rights in Egypt, if we compare
to the articles of Universal Declaration, they are disobeyed of the UD of human rights in
article 3 ( the right to life, liberty, and security of person), article 5 ( no one shall be
subjected to torture or to cruel, inhuman or degrading punishment or treatment), article 18
(the right to freedom of thought of changing religion or belief), article 19 (the right to
freedom of opinion and expression including holding opinion without interference), and
article 20 ( the right to freedom of peaceful assembly and association).
IX. References
 https://en.wikipedia.org/wiki/Egypt date 01/07/2016
 https://storify.com/CNN/9-issues-egypt-is-currently-facing date
04/07/2016
 https://www.hrw.org/world-report/2015/country-chapters/egypt
date 04/07/2016
 https://www.hrw.org/middle-east/n-africa/egypt date
04/07/2016
 http://www.nolo.com/legal-encyclopedia/defamation-law-made-
simple-29718.html
X. Discussing Questions
 Based on our presentation, what are the reasons leading to adopt or create the defamation
law in Egypt as well as all countries in the world?
 According to our presentation, what are the pros and cons of defamation law?
 Based on your perspective, if one day you become a president of Arab Republic of Egypt,
what should you do in order to control defamation which remains a criminal offense in
Egypt as nowadays?
 What are the UN’s actions dealing with all of the abuse and issues of human rights in
Egypt based on your understanding?

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Egypt

  • 1. Chapter 18 Freedom of Expression: Defamation Laws Topic: ‘Abuse and Hot Issues of Human Rights in Egypt’ Professor: Karel Van Oosten Group 5: Group Members: Meas- Phallin (69986) Prak- chansidavuth (57304) Academic Year: 2015- 2016
  • 2. Contents I. Generalization of Egypt II. Defamation laws in Egypt III. Law Preventing Extremism and Terrorism IV. Issue of Egypt’ s President V. Freedom of Association, Expression, and Assembly in Egypt VI. Violence and Discrimination against Women VII.Conclusion VIII.References IX. Discussing Questions
  • 3. I. Generalization  Egypt is situated in the northeast corner of the Africa. Covering 386,662 square miles, it is almost twice the size of France and the twelfth largest country in Africa. To the north of Egypt is the Mediterranean Sea, to the south is the Sudan, to the west is Libya and to the east of Egypt is the Red Sea.
  • 4. I. Generalization  Official name: Arab Republic of Egypt  Government type: Unitary semi-presidential republic  President: Abdel Fattah el-Sisi  Capital: Cairo (also the largest city)  Population: 80,264,543 (2007 estimated)  Area of Egypt: 1,001,450 sq. km (386,662 sq. mi)  Currency: Egyptian Pound  Major Religion: Islam  Major Languages: Arabic (most official), English and French.
  • 5. II. Defamation laws in Egypt  ‘’Defamation ‘’  a catch-all term for any statement that hurts someone’s reputation  Written defamation  is called ‘’ libel’’.  Spoken defamation  is named ‘’ slander’’.  A person who has been defamed can sue the person who did the defaming.  "Actual malice" means that the person who made the statement knew it wasn't true, or didn't care whether it was true or not and was reckless with the truth.  Private people who are defamed have more protection than public figures -- freedom of speech isn't as important when the statements don't involve an issue of public interest. A private person who is defamed can prevail without having to prove that the defamer acted with actual malice.
  • 6. The Purposes of Adopting Defamation laws in Egypt  Defamation law aims to strike a balance between allowing the distribution of information, ideas, and opinions, and protecting people from having lies told about them. It's a complicated area of law.  Defamation law tries to balance competing interests. People should not ruin others' lives by telling lies about them; but on the other hand, people should be able to speak freely without fear of litigation over every insult, disagreement, or mistake. Political and social disagreement are important in a free society, and we obviously don't all share the same opinions or beliefs. For instance, political opponents often reach opposite conclusions from the same facts, and editorial cartoonists often exaggerate facts to make their point.
  • 7. II. Defamation laws in Egypt Slander and libel laws in Egypt.  Egypt Defamation Laws Allow For Higher Penalties If You Insult A Government Official  According to a report by the BBC, Egypt’s Press Law was amended to allow for increased fines in cases where an official is accused of corruption. Prison sentences for serious media crimes, like libeling the president and foreign heads of state, remain. In addition, imprisonment for libel is left to the judges’ discretion rather than being banned altogether.
  • 8. II. Defamation laws in Egypt  Blasphemy is a Serious Slander in Egypt. There is a version of an anti-blasphemy law in Egypt which may be relevant to defamation legislation. Violation of Article 98(f) of the nation’s penal code can bring five years of prison for “defaming a heavenly religion” or “insulting Islam.” A report states that the provisions of Article 98 (f) in Egypt, which in theory is meant to discourage people from offending others’ religious sensitivities, is instead used to stifle free speech and intimidate those who do not subscribe to the standard Orthodox version of Sunni Islam practiced by most in Egypt.
  • 9. II. Defamation laws in Egypt International Reaction To Egypt’s Defamation Laws  By way of conclusion, Article 19 (the International Centre against Censorship) has released its opinion that Articles 303 (a), 306 and 307 of the Egyptian Penal Code (Re: legitimacy of custodial sanctions for defamation) is contrary to Egypt’s obligations under Article 19 of the International Covenant on Civil and Political Rights. As of the publication date of September 2, 2009 by Article 19 and the Justice Initiative Submission to the UN Universal Periodic Review, defamation remains a criminal offense in Egypt and has been frequently and widely used to limit freedom of expression.  May 2013 Update: U.S. Officials are calling for Egyptian officials to review the country’s defamation laws. According to reports, American representatives sent a public message expressing “deep concern” over free speech rights in Egypt.
  • 10. III. Law Preventing Extremism and Terrorism  In 2014, three Al Jazeera English journalists were sentenced to between 7 and 10 years for aiding a ‘’ terrorist organization,’’ referring to the banned Muslim Brotherhood, and endangering Egyptian national security.  The prosecution accused the three of producing false news reports, which helped the Brotherhood to spread ‘’ lies’’ harmful to national security. At least 17 other journalists and opposition figures face similar charges related to the same case.  Two-other co- defendants, in the case, a Dutch woman and two British citizens, were sentenced to 10 years in absentia on the same charge of aiding a ‘’ terrorist group.’’
  • 11. III. Law Preventing Extremism and Terrorism  Media organizations around the world took part in a global day of protest commemorating the three Al Jazeera journalists’ 100th day in prison while awaiting trial .  Five different television channels were shut down, one affiliated with the Muslim Brotherhood and the others affiliated with Salafist groups, for either being a ‘’ terrorist movement,’’ aiding a terrorist movement or sympathizing with terrorist movements.  According to one often cited estimate, more than 41,000 were arrested in the period between the July 3, 2013 coup overthrowing President Morsi and May 15, 2014, with nearly 36,500 of those detained during political events, and 3,048 arrested for being members of the Muslim Brotherhood, which was declared a terrorist organization following Morsi’s ouster.
  • 12. IV. Issue of Egypt’ s President  President Abdel Fattah al-Sisi, who took office in June 2014—a year after ousting Mohamed Morsy, Egypt’s first freely elected president—leads a country still in crisis. Authorities have imprisoned tens of thousands, effectively banned protests, and outlawed the country’s largest opposition group, the Muslim Brotherhood. Courts have sentenced hundreds to death, including Morsy, after unfair trials.  In Al-Sisi issued a sweeping counterterrorism law that expanded the authorities’ powers. Law enforcement forces, especially the Interior Ministry’s National Security Agency, committed torture and enforced disappearances, and deaths in custody continued. Mass trials mostly targeting Brotherhood members failed to establish individual guilt. At least 3,000 people were charged or sentenced in military courts.
  • 13. VI. Freedom of Expression in Europe  Egypt’s new constitution contains language that appears to protect free expression, peaceful assembly, and association, but authorities detained thousands solely for their peaceful exercise of these rights.  Free Expression Authorities detained dozens of people for such offences as possessing flyers with anti-military slogans, rapping in public against the police, or displaying signs commemorating victims of the Rab’a dispersal. Journalists, academics, former lawmakers, and human rights defenders were among those charged with crimes or banned from travel outside Egypt. Police arrested three Al Jazeera English journalists, Mohamed Fahmy, Peter Greste, and Baher Mohamed, in late December 2013, and a court handed down multi-year prison sentences in June 2014 after a trial in which prosecutors failed to present any credible evidence of criminal wrongdoing.
  • 14.  Freedom of Assembly A November 2013 law on public assembly allowed the Interior Ministry to ban and forcefully disperse protests and arrest participants on vague grounds such as “impeding citizens’ interests.” On April 7, 2014, a court rejected appeals from April 6 Youth Movement co-founders Ahmed Maher and Mohamed Adel and activist Ahmed Douma against their three-year sentences for breaking the law. Authorities also used the law to detain prominent activist Alaa Abdel Fattah and human rights defenders Mahienour al-Masry and Yara Sallam.  Freedom of Association In September 2014, al-Sisi signed an amendment to the penal code that mandates a life sentence and a fine of 500,000 Egyptian pounds (US$69,900) for anyone who takes foreign funding to harm the national “interest” or “unity,” a provision Egyptian rights activists fear will be used against them and other nongovernmental organizations (NGOs).
  • 15. VII. Violence and Discrimination against Women  At least 91 women were sexually harassed in four days of protests from June 30, according to Human Rights Watch. Amid the current protests, some men have formed protective circles around female protesters so the women won’t fall into what's been called “a circle of hell.” “Circles of hell” have been reported by human rights activists in Cairo's Tahrir Square, where groups of men, sometimes 100 or more, surround a woman, beat her, rip her clothes off and sexually assault her.
  • 16. VIII. Conclusion  By Article 19 and the Justice Initiative Submission to the UN, Universal Periodic Review, defamation remains a criminal offense in Egypt and has been frequently and widely used to limit freedom of expression.  According to all of the above issues and abuse of Human Rights in Egypt, if we compare to the articles of Universal Declaration, they are disobeyed of the UD of human rights in article 3 ( the right to life, liberty, and security of person), article 5 ( no one shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment), article 18 (the right to freedom of thought of changing religion or belief), article 19 (the right to freedom of opinion and expression including holding opinion without interference), and article 20 ( the right to freedom of peaceful assembly and association).
  • 17. IX. References  https://en.wikipedia.org/wiki/Egypt date 01/07/2016  https://storify.com/CNN/9-issues-egypt-is-currently-facing date 04/07/2016  https://www.hrw.org/world-report/2015/country-chapters/egypt date 04/07/2016  https://www.hrw.org/middle-east/n-africa/egypt date 04/07/2016  http://www.nolo.com/legal-encyclopedia/defamation-law-made- simple-29718.html
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  • 19. X. Discussing Questions  Based on our presentation, what are the reasons leading to adopt or create the defamation law in Egypt as well as all countries in the world?  According to our presentation, what are the pros and cons of defamation law?  Based on your perspective, if one day you become a president of Arab Republic of Egypt, what should you do in order to control defamation which remains a criminal offense in Egypt as nowadays?  What are the UN’s actions dealing with all of the abuse and issues of human rights in Egypt based on your understanding?

Editor's Notes

  1. For example, when someone has doubts about the truth of a statement, but does not bother to check further before publishing it. Defamation is not a crime, but it is a tort. (a civil wrong, rather than a criminal wrong)