Article 13: An Illusion
The freedom of expression is a protected law under Article 13 of the Lebanese Constitution; at least, that’s what it says in writing. Freedom of expression, both written and verbal is a cornerstone of a democratic social structure: the framework that Lebanon supposedly works under. Interestingly, our so-called democracy lacks a law guaranteeing access to information. It also lacks legal protection laws for whistleblowers, or citizens that inform others of persons or organizations partaking in corrupt and/or illicit activities.
Freedom of expression doesn’t mean having numerous news stations propagandizing their viewers every night. Having newspapers, broadcasting stations and internet access are not sufficient conditions for the freedom of expression. Although they are merely indicators of freedom of expression, they do not encompass the complete legal individual rights to this freedom. Freedom of expression truly exists when the legal structure of a country accommodates its citizens to speak out against corruption, violations of human rights, among others, that affect society as a whole; it is a right to not be prosecuted for revealing illicit activities by others. It is a right to protect our society from political disintegration. The absence of whistleblower protection in Lebanon denies Lebanese citizens the missing piece of the metaphorical puzzle of freedom of expression.
Although a whistleblower protection bill and access to information bill were submitted to the Lebanese parliament in 2010, the issue remains stagnant, much like other issues of electricity and water shortages. We have a shortage in our freedom of expression! We can see this in the astronomical levels of corruption and propaganda. We can see it in the inaction on the whistleblower bill. Public employees, under Article 15 of the Public Service Law, are not allowed to make public statements without their respective supervisor’s approval. They are also not allowed to reveal information during and after their employment contracts within the public service unless authorised by the ministry. Unfortunately, it is the public sector that is mainly laden with inefficiency, corruption and wasteful budgets. Article 15 denies employees that may be aware of corrupt activities in the public sector to reveal or discuss such cases in the press. That does not seem like a justly applied freedom of expression. In terms of empirical evidence, there have been attacks and fines on journalists that have attempted to go after corruption cases by public officials. In 2014, a journalist from Al Akhbar was fined for covering a corruption case on the judiciary, whereby the journalist accused judges and related officers of protecting gangs.
The draft law on whistleblower protection that was submitted to the Lebanese parliament on June 24, 2010, proposed the following: firstly, that the protection act applies to both private and public sectors. Secondly, provides protection to whistleblowers and their families in terms of employment and safety. Finally, the bill proposes a mechanism to compensate whistleblowers if the leaked information leads to reduced corruption and recovery of funds, if stolen. The Lebanese Advocacy and Legal Advice Center (LALAC) began a petition on Facebook to call for the passing of the Whistleblower Protection draft Law. If you feel that you’re given freedom is being undermined, take this chance to act!
Nour Chehabeddine
Click the following link to sign the petition:
https://www.facebook.com/LTANoCorruption/app_208195102528120
The freedom of expression is a protected law under Article 13 of the Lebanese Constitution; at least, that’s what it says in writing. Freedom of expression, both written and verbal is a cornerstone of a democratic social structure: the framework that Lebanon supposedly works under. Interestingly, our so-called democracy lacks a law guaranteeing access to information. It also lacks legal protection laws for whistleblowers, or citizens that inform others of persons or organizations partaking in corrupt and/or illicit activities.
Freedom of expression doesn’t mean having numerous news stations propagandizing their viewers every night. Having newspapers, broadcasting stations and internet access are not sufficient conditions for the freedom of expression. Although they are merely indicators of freedom of expression, they do not encompass the complete legal individual rights to this freedom. Freedom of expression truly exists when the legal structure of a country accommodates its citizens to speak out against corruption, violations of human rights, among others, that affect society as a whole; it is a right to not be prosecuted for revealing illicit activities by others. It is a right to protect our society from political disintegration. The absence of whistleblower protection in Lebanon denies Lebanese citizens the missing piece of the metaphorical puzzle of freedom of expression.
Although a whistleblower protection bill and access to information bill were submitted to the Lebanese parliament in 2010, the issue remains stagnant, much like other issues of electricity and water shortages. We have a shortage in our freedom of expression! We can see this in the astronomical levels of corruption and propaganda. We can see it in the inaction on the whistleblower bill. Public employees, under Article 15 of the Public Service Law, are not allowed to make public statements without their respective supervisor’s approval. They are also not allowed to reveal information during and after their employment contracts within the public service unless authorised by the ministry. Unfortunately, it is the public sector that is mainly laden with inefficiency, corruption and wasteful budgets. Article 15 denies employees that may be aware of corrupt activities in the public sector to reveal or discuss such cases in the press. That does not seem like a justly applied freedom of expression. In terms of empirical evidence, there have been attacks and fines on journalists that have attempted to go after corruption cases by public officials. In 2014, a journalist from Al Akhbar was fined for covering a corruption case on the judiciary, whereby the journalist accused judges and related officers of protecting gangs.
The draft law on whistleblower protection that was submitted to the Lebanese parliament on June 24, 2010, proposed the following: firstly, that the protection act applies to both private and public sectors. Secondly, provides protection to whistleblowers and their families in terms of employment and safety. Finally, the bill proposes a mechanism to compensate whistleblowers if the leaked information leads to reduced corruption and recovery of funds, if stolen. The Lebanese Advocacy and Legal Advice Center (LALAC) began a petition on Facebook to call for the passing of the Whistleblower Protection draft Law. If you feel that you’re given freedom is being undermined, take this chance to act!
Nour Chehabeddine
Click the following link to sign the petition:
https://www.facebook.com/LTANoCorruption/app_208195102528120