Media laws at Libya
Libya's media law landscape is highly complex, fragmented, and challenging, largely due to the ongoing political instability and the existence of multiple governing bodies and armed groups that exert control. While the 2011 Constitutional Declaration guaranteed freedom of expression, many restrictive laws from the Gaddafi era remain in effect, and new problematic legislation has been introduced.
Here's a breakdown of the key aspects:
1. Fragmented and Outdated Legal Framework:
Absence of a Comprehensive Media Law: More than a decade after the 2011 uprising, Libya still lacks a cohesive and modern legal framework for media. This vacuum creates ambiguity and allows for the arbitrary application of older, more punitive laws.
Gaddafi-era Laws Still in Effect: Many repressive laws from the Gaddafi regime remain valid, as they have not been formally repealed or comprehensively replaced. These include:
Press and Publication Law of 1972: This law, primarily for print media, is highly punitive. It imposes licensing systems, prior censorship, and grants the state broad discretionary powers to approve or deny licenses. Articles 9 and 10, for example, require prior approval for media outlets and impose prison sentences for working without a press card or license.
Penal Code (1953 and amendments): This code contains numerous articles that criminalize various forms of expression, including:
Defamation of officials, the nation, or the flag.
Insulting religion.
Provisions that impose severe penalties, including for "attacks against anyone's reputation by defamation" (Article 439) and vaguely defined offenses like "aiming to overthrow the political, social or economic system of the State and initiate a civil war" (Article 203) or "promoting any views or principles" that aim to overthrow the state's order (Article 207). Some articles even carry the death penalty for such offenses.
Article 178 provides for life imprisonment for "putting out news that could tarnish the country's reputation or undermine."
Article 195 penalizes insulting the legislative, executive, or judicial branches, or the state emblem or flag.
Anti-Terrorism Law No. 3 of 2014: This law contains broadly defined "terrorist" acts that can be used to criminalize peaceful expression, with penalties including life imprisonment.
Law No. 5 of 2014 and Law No. 4 of 2017 amending the Military Penal and Procedures Codes: These laws further extend punitive measures to speech related to military and security matters.
2. New Repressive Legislation:
Cybercrime Law No. 5 of 2022: This controversial law has significantly worsened the online free expression environment. It includes:
Harsh penalties for online speech.
Gives authorities broad powers to block websites and monitor online users.
Criminalizes the use of encryption tools.
Contains vague and overbroad terms, such as making online activity lawful only if "public order and morality" are respected.
This law has been widely condemned by human rights organizations for infringing on rights to free expression, privacy, and association.
3. Lack of Independent Regulation and Government Control:
No Independent Regulatory Authority: There is currently no genuinely independent regulatory agency or framework law that guarantees access to information, respect for media pluralism, or transparency. This lack of oversight contributes to the chaotic and often dangerous media environment.
National Media Institution (NMI): In June 2024, the Ministerial Council issued Decree No. 307 of 2024, establishing the National Media Institution. This body consolidates several public media entities and incorporates the General Authority for Monitoring Media Content. A major concern is that the NMI's leadership is directly appointed by the Prime Minister, raising significant alarms about its independence and the risk of government control over public media and editorial decisions. This institution also has broad power to issue licenses and permits.
Direct Control by Factions: In the absence of a unified, legitimate government, various armed factions and local authorities (in both eastern and western Libya) exert control over media outlets and journalists, often forcing them to align with specific political biases, leading to chronic disinformation and a lack of editorial independence.
4. Dangers Faced by Journalists and Self-Censorship:
Physical Violence, Arbitrary Arrests, and Detention: Libya remains an extremely dangerous place for journalists, bloggers, and online users. They frequently face intimidation, physical violence, arbitrary arrests, judicial harassment, and detention for their reporting or social media posts, particularly when criticizing authorities, corruption, or sensitive political issues.
In May 2024, journalist Salehin Al-Zarwali was detained over Facebook posts critical of authorities.
In July 2024, journalist Ahmed Al-Sanousi was arrested after a complaint from the Minister of Economy and Trade.
In November 2024, independent journalist Ayed Abdeljalil was arrested after criticizing a local official.
Impunity: Those responsible for attacks and abuses against media professionals often enjoy total impunity, further emboldening perpetrators.
Self-Censorship: The pervasive climate of fear, harassment, and the threat of severe legal penalties (including imprisonment) lead to widespread self-censorship among journalists and online activists.
5. Efforts Towards Reform:
Civil Society Initiatives: Despite the challenging environment, Libyan civil society organizations, media professionals, and legal experts have been actively campaigning for media reforms. The Libyan Organization for Independent Media, for instance, drafted a media regulation bill in 2022, seeking to replace the outdated 1972 law and align legislation with international standards. Dialogue sessions on this draft have taken place with some political bodies.
International Calls: Organizations like ARTICLE 19 and Reporters Without Borders (RSF) consistently call on Libyan authorities to repeal repressive laws, establish an independent regulatory authority, adopt a law guaranteeing access to information, and ensure accountability for attacks on journalists.
Current State (as of mid-2025):
Libya's press freedom ranking remains very low (143rd out of 180 countries in RSF's 2024 World Press Freedom Index). While there's a vibrant media landscape in terms of the number of outlets that emerged after 2011, the legal framework is a severe impediment to genuine freedom of expression and independent journalism. The ongoing political fragmentation, the lingering influence of old repressive laws, and the introduction of new restrictive legislation like the Cybercrime Law, combined with physical threats and lack of accountability, create a perilous environment for media professionals. Significant reforms, particularly the enactment of comprehensive, rights-respecting media legislation and the establishment of truly independent regulatory bodies, are urgently needed.
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