Overview
The Lebanese state monopolizes the telecommunication infrastructure. Nevertheless, the Internet and telecommunication costs are among the most expensive in the Arab world because of making the users pay the VAT which forms the Lebanese government’s highest revenues, not to mention the increase in operation costs of the ICT networks due to the rampant corruption in the government.
Despite the government’s efforts to develop the legal structure, to suit the transparency conditions in administration and the right to information, as it ratified law no. 28 of the year 2017 concerning access to information, however, the law is nothing but ink on paper.
Though Lebanon used to be considered the most open Arab country which respects freedom of speech, it is worth mentioning that the country is witnessing a decline in freedom of expression in general, particularly when it comes to the Internet. This decline comes concurrently with the increase of the conservatives’ influence in the Lebanese government which leads to more sectarianism.
- Developments in the ICT Sector
The ICT infrastructure develops slowly for many reasons, among these reasons: the Lebanese government’s monopoly over the ICT sector, administrative corruption and divisions in the country due to sectarianism. The Ministry of Telecommunication controls the infrastructure for all telecommunication and Internet companies, through Ogerou, a public institution that is owned by the state.
Under a contract between the government and two companies: MTC touch, ran by Zain, a Kuwaiti company and ALFA, ran by the Egyptian Orascom Telecom Media and Technology. The two companies administrate and operate two cell phone networks while the Ministry of Telecommunication pays costs of expansion and preparations.
A parliamentary report issued on 16th September 2019, asserted that high costs of cell phone services and Internet fees, imposed by the government, contributeto the decrease of Internet users. Moreover, the report stated that the operation costs are very high in comparison with other countries worldwide and that a whole vision to cover all Lebanon with better services and lower costs is absent.
Cell phone users in Lebanon reach approximately 4.4 million forming around 64.7% of the population, while fixed phone users are about 890 thousand.
- Legal Environment for the ICT sector
On the 19th of January 2017, the parliament ratified law no. 28 concerning access to information. The law was published in the official gazette in February 2017. The seventh article of this law obliged the administrative bodies to publish on their websites decisions, circulars, and memoranda, adding to all processes of paying public funds that exceed five million Lira, except for salaries and compensations for employers. The eighth article obliges the administrations to publish annual reports, assigning bodies that are responsible for supervising the judiciary to publish its reports. The ninth article states that all the above has to be published on websites of the competent administrations.[1]
On the 24th of September 2018, the parliament ratified law no. 81 titled “The e-transactions and data protection law”. On the 18th of October 2018, the law was published in the 45th issue of the official gazette and came into effect starting 18th January 2019, three months after being published.[2]
The law is formed in five sections. The first section includes legislation of writing and documenting through electronic tools, the second tackles the e-transactions, the third has to do with transferring to the public through direct contact service without uncovering ID, the fourth tackles names on Internet and organizing granting and administrating names to sites inside the Lebanese region, the fifth section determines targets of dealing with private data, its restrictions and how to deal with illegal subjects.
- Social Networks
Census is one of the most sensitive issues in Lebanon, it may be considered a taboo. That goes back to the sectarian tension between political parties. The World Bank statistics estimate the Lebanese population at about 6.8 million, citizens and residents.[3]
Statistics point to a slow increase in Internet users, as the numbers reach approximately 5.5 million. Concerning social media, statistics show that Facebook users exceed 3.8 million, while Twitter users are about 350 thousand.
- Blocking and Surveillance
Reports stated that Alfa company uses deep packet inspection (DPI) to uncover users’ data and track their movement, it was stated also that Touch company is planning to acquire this technology.DPI determines and tracks a user’s activity through cell phone, along with registering all applications and visited websites, not to mention tracing the user’s contacts overunencrypted applications. [4]
During the period in which the ministry of telecommunication resorted to blocking websites either to appease conservatives or to prevent dissident voices that call for combating corruption and respecting human rights. On 21st April 2019, the Lebanese authorities blocked “Thisislebanon.org”, which documents violations against foreign female workers in Lebanon. General Director of Investing and maintaining sector in Ministry of Telecommunication, Basser Al Ayoubi, on 24th May 2019, issued a decision to ban Grinder, a dating application, used mainly by the LGBTQ community.
- Persecution and Security Threats
Nine Cases Against Journalist Fidaa Itani for Facebook Posts
The Lebanese judiciary summoned journalist Fidaa Itani, on the 10th of July 2017, to be investigated before referring him to “the Cybercrime and Intellectual Property Bureau”. Itani is facing nine lawsuits filed against him by Foreign MinisterGebran Bassil, for Itani’s comments on Facebook, as he criticized officials for inhuman treatment of Syrian refugees. The journalist used ended each post with the phrase: “a country that equals Gebran Bassil, you should be bigger than that”.
Itani refused to apologize or to sign a pledge not to insult Bassil. The case was referred to the judiciary. He was released ensuring his place of residence.
Itani traveled to the UK seeking asylum, afterward, a series of verdicts in absentia were issued against him. On the 29th of June, a judge in Baabda, Nadin Nejm, issued a verdict in absentia sentencing Itani to four months and a fine of 10 million Lira (6600$) as compensation on charges of defamation, insulting and humiliating minister Gebran Bassil on social media, in accordance to a complaint filed against him by attorney Majed Boeiz, Bassil’s lawyer.
The latest verdict issued against Itani monitored by the Arabic Network for Human Rights Information, was in January 2019, in the same case. As Ahmed Shehada, the judge in Baabda, who sentenced Itani to 22 months, fining him 74 million Lira (50,000$) oncharges of insulting Foreign Minister Gebran Bassil.
Summoning Activist Hanadi Jerjes on charges of Insulting the President s
The Cybercrime and Intellectual Property Bureau, on 11th August 2017, summoned activist Hanadi Jerjes, 27 years, on charges of “humiliating, defaming and insulting the President”, against the background of her comments on Facebook as she criticized Foreign Minister, Gebran Bassil and President Michel Aoun.
In the midnight of 11th August, Jerjes was transferred to Hebeish prison, pending investigations. Her file was referred to the Public Prosecution of Appeals in the North in which she resides. She was transferred again, on 12th August to the judiciary headquarters in Tripoli. Her file was submitted to judge Ghassan Bassil.
On 14th August 2017, she was released from the judiciary headquarters in Tripoli pending case ensuring her place of residence. Her file was referred to a judge in Tripoli.
Investigating Journalist Hani Al Nassouli for Comments on Whatsapp
On 19th September 2018, journalist Hani Al Nassouli, founder and director of “Beirut is my cause” website, appeared before the General Intelligence. He was interrogated for more than three hours in a complaint filed against him by Nader Al Hariri accusing him of “insulting, defaming, arousing sectarianism and damaging links with Arab countries”, against the background of a voice note Nassouli sent in a Whatsapp group criticizing a photo of Nader Hariri with a businessman known for being close to Syrian authorities.
Investigators stated to Nassouli that Hariri has abandoned politics, therefore, Nassouli signed a pledge not to insult Hariri again as long as the latter is out of politics. He was released on the guarantee of his place of residence.
Arresting Dawood Mekheiber for a Video on Social Media
Security forces arrested Dawood Mekheiber, on 8th May 2019, on charges of “insulting and humiliating the President”. This comes on the background of a video published on social media, showing the citizen sending a message to the President, Michel Aoun and his in-law, Foreign Minister, Gebran Bassil, objecting to expanding high-pressure pipes near housing in al Mansouria district, north Beirut. He added that he is sorry for voting for al Tayyar members in the parliament and president Michel Aoun.
Arresting Adnan Farahat for a Whatsapp Message
On 13th May 2019, citizen Adnan Farahat was arrested by the judiciary police, from Habboush in Nabatia. The citizen carries a U.S. nationality. He was arrested for a voice note on Whatsapp, expressing his anger towards Lebanese politicians, in particular, Nabih Berri, head of the parliament, and his family. He was released two days later on bail of 500 thousand Lira (330$).
Trying Mohamed Wahba for Humiliating the President
Public Security arrested Mohamed Wahba, on 18th July 2019, in Beirut airport. The citizen was turned in to the intelligence in order to be referred to trial before the military judiciaryon charges of “humiliating and insulting the president as he accused him of being an agent” and publishing these comments on social media which may arouse sectarianism. On 30th July, the military court announced that it is incompetent to consider the case.
A Lawsuit by Al Sayyad Publishing House Against George Taraboulsi
Al Sayyad publishing house, during August 2019, filed a lawsuit against its representative in the syndicate of journalists, George Taraboulsi, before the Cybercrime and Intellectual Property Bureau, on charges of “insulting, defaming and humiliating”, after Taraboulsi published the photo of Saied Freiha, the publishing house founder, blaming his sons for the deterioration of the publishing house. The owners considered it an insult.
[1] law no. 28, concerning access to information, parliament website, last visit: 25th December 2019 https://www.lp.gov.lb/Resources/Files/f2c40698-6987-4425-966a-185f270b11df.pdf
[2] law no. 81, concerning e-transactions and data protection, parliament website, last visit: 25th December 2019https://www.lp.gov.lb/Resources/Files/f67b348c-6d35-42a0-8ddb-c18bcc2a5e8d.pdf s
[3] population in Lebanon on the World Bank website, last visit 25th December 2019 https://data.albankaldawli.org/indicator/SP.POP.TOTL?locations=LB
[4] A report titled “the cave of telecommunications: a dubious deal and fears of security penetration/ who monitors the cell phone data?” published in Al Akhbar on 18th February 2019. Last visit: 26th December 2019 shttps://al-akhbar.com/Politics/266440
