Freedom of Expression at Risk: Summonses and Arrests Reflect a Crisis in the Rule of Law

Freedom of Expression at Risk: Summonses and Arrests Reflect a Crisis in the Rule of Law 

The Lebanese Center for Human Rights (CLDH) is closely monitoring developments related to freedom of expression in Lebanon and expresses concern over the increasing violations of this right, a trend that highlights challenges in the enforcement of rights and freedoms in the country. These challenges were recently manifested in the summons of activists Abbas Zahri and Haroun Farhat. 

Freedom of Expression at Risk 

As has often been the case, the Cybercrime and Intellectual Property Rights Bureau summoned Abbas Zahri following an instruction from the Public Prosecutor, after he criticized those in power on social media, even though every individual has the right to freely express their personal opinions. 

CLDH stresses that freedom of opinion and expression is safeguarded within Lebanon’s legal framework, both internationally and domestically. At the international level, the International Covenant on Civil and Political Rights (ICCPR), ratified by Lebanon, guarantees everyone’s right to freedom of expression under Article 19. The UN Human Rights Committee, in its General Comment No. 34 (2011) on Article 19, made clear that all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political accountability. Similarly, Article 32 of the Arab Charter on Human Rights recognizes the sanctity of freedom of opinion and expression and requires states to protect this right within their legal systems. 

At the domestic level, the Lebanese Constitution enshrines freedom of opinion and expression in paragraph (c) of its preamble, and in Article 13, underscoring the respect and protection of this right within the national legal framework. 

Therefore, CLDH considers the summons of activist Abbas Zahri to constitute a violation of both Lebanese law and international standards relating to freedom of opinion and expression. This is part of a recurring pattern adopted by the authorities in Lebanon, reflecting a troubling trend of restricting public freedoms and targeting critical voices, instead of safeguarding the legitimate right to expression. 

Silencing Citizens: Corruption Exposures Ignored 

Activist Haroun Farhat was also summoned by the Cybercrime Bureau on charges of defamation, following a complaint filed by Amal Shaaban, former Secretary General of the Equivalency Committee at the Ministry of Education and current Secretary General of the Examination Department. After interrogation, he was forced to sign a pledge not to mention her again before being released. Shortly after, he was arrested again over a defamation lawsuit filed by the Director of Private Education, Imad Al-Ashqar. This arrest came only days after his initial detention based on Shaaban’s complaint, despite Article 107 of the Code of Criminal Procedure, which explicitly prohibits detention for offenses carrying a maximum penalty of less than one year. 

Haroun had exposed corruption files within the Ministry of Education and Higher Education through his investigations, sharing his findings publicly on TikTok. The public has a right to access such information and truth, particularly in a country where most cases lack even the most basic standards of transparency. Law No. 28/2017, especially Article 1, affirms the right of every individual, natural or legal, regardless of their status or interest, to request and obtain information and documents from public administrations. 

According to his lawyer, in comments to Al-Akhbar newspaper, after Haroun pledged not to mention Shaaban in his TikTok videos, he later published a video without insulting or defaming her. His lawyer argued that while the law prohibits defamation, it does not prohibit expression itself. He added that the investigation appeared prearranged, as the referral was issued simultaneously with the complaint. He also confirmed that the expanded investigation focused on the same posts that Farhat had previously pledged to remove, and did remove, without any additional grounds. 

Protection of Whistleblowers 

Beyond freedom of expression, the Lebanese state has obligations to protect whistleblowers. The UN Convention against Corruption, ratified by Lebanon, requires in Articles 32 and 33 that signatory states must adopt appropriate measures to protect whistleblowers against unfair treatment or retaliation. Domestically, the Lebanese Parliament enacted a whistleblower protection law in 2018, with Articles 7–12 detailing the safeguards afforded to whistleblowers in Lebanon to shield them from retaliatory or discriminatory practices arising from their reporting of violations or unlawful acts. 

Accordingly, CLDH calls for: 

• Respecting the constitutional right of every individual to freely express their opinion, especially regarding public figures. 

• Ensuring the full implementation of the 2018 Whistleblower Protection Law, particularly Articles 7–12 and guaranteeing that whistleblowers are not subjected to retaliation or harassment. 

• Amending or repealing criminal laws currently used to prosecute freedom of expression and replacing them with provisions aligned with Article 19 of the ICCPR and General Comment No. 34 of the UN Human Rights Committee. 

• Supporting an independent and transparent judiciary that upholds the rule of law and serves the public interest. 

• Guaranteeing that judicial procedures, including summonses and arrests, are conducted according to fair and transparent legal standards, free from non-judicial considerations.