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The law regulating media in Qatar is promulgated in Law No (8) of 1979 on Prints and Publications (the Press Law). |
Although the Press Law has not been updated since the date on which it was issued, a new regime is expected to be implemented in the near future.
A draft of the proposed law was released in June 2012 by the government.
The authorities
The Ministry of Culture, Arts and Heritage (the Ministry) houses the departments responsible for the enforcement of the Press Law.
The Publications and Publishing Department of the Ministry issues licences for printed material and artistic compilations and monitors compliance with the Press Law.
The Ministry’s Culture and Arts Department supervises artistic and heritage works in Qatar and provides licences for the organisation of artistic works, concerts, theatre and music bands.
Licences for audio-visual broadcasting stations fall under the purview of the Communications Department of the Ministry which also supervises and monitors the materials broadcasted by radio and television stations.
Only printed material
The Press Law only applies to printed material and press publications. It does not expressly cover electronic media. It should be noted that the definition of printed material includes books, drawings, records, audio-tapes, photographs and other means of expression if placed into circulation. There are also specific provisions regarding censorship of artistic works. The provisions refer to movies, advertisements and theatre plays.
Copies of the printed material will need to be deposited with the Ministry as part of the process of approval.
Press publications
Press publications include newspapers, magazines or publications issued in the same name at regular or irregular dates. None of these publications can be published without obtaining a written licence from the Publications and Publishing Department.
The publisher, who is referred to as the proprietor under the Press Law, is liable to pay a guarantee or a bond in the amount of QR 2,000 for each press publication that is issued and QR 3,000 for each publication issued three times or more per week, to cover fines and expenses that might be issued against the publication.
The Publications and Publishing Department can demand a correction or falsification to be published if it considers news or interviews containing false or misleading information that affect the public interest have been published.
Furthermore, no announcement or statement from a foreign country or organisation can be published without the approval of the Minister of Culture, Arts and Heritage. Commercial advertisements are exempt from this.
The Press Law provides that publishing items contrary to public interest as being a valid ground upon which a publication may be stopped for a maximum of three months.
However this may be extended to one year in the case of publications which are deemed contrary to national interests or are considered to serve the interests of a foreign country and can result in the cancellation of the licence. In this case, the proprietor will have one month to lodge a complaint before the Cabinet of Ministers.
If any printed material defames or offends a person, that person will have the right to reply and the proprietor will usually be required to publish this reply unless it falls within certain exceptions, for instance, the proprietor has already published a correction.
Proprietors, editors and journalists
The proprietor of a press publication must be a Qatari national and must satisfy a list of criteria, for example, having a good reputation.
The editor, who would supervise the content of the publication, must meet certain requirements in addition to those applicable to proprietors, such as, having the minimum experience which would allow him to practise the profession.
Non-Qatari nationals from other Arab states only, may be editors for a period of two years if authorised by the Minister. These individuals must:
lpossess a degree from one of the accredited institutes or universities;
lhave worked in a press establishment for a period of at least 10 years;
lbe registered in one of the syndicates of journalists or editors or have a press card from one of the official bodies in their country of origin; and
lmust not have any work commitments with any foreign country.
The same conditions apply to journalists; except a journalist only requires three years’ work experience with a recognised press organisation.
Printing press and publishing houses
A written licence is mandatory for owning, investing or managing a printing press or establishing a publishing house. Both the proprietor and the administrative manager i.e. the individual responsible for the day-to-day management of the publishing house or printing press, should be Qatari nationals.
Prohibitions and penalties
It is a crime for published material to criticise the Emir of the State of Qatar or to attribute any statements to him without written permission from the director of his Office.
In addition to this, there is a list of banned issues which must not be part of any publication. Examples of these topics are:
lanything that incites or advocates the overthrow of the governing regime or offends it or causes any damage to the “supreme interests of the country”;
lanything that may endanger the safety of the government or its interior or exterior security, including encouragement of destructive or violent behaviour;
lthings that may affect the heads of state or may jeopardise the relationships between Qatar and other Arab states and other friendly countries; and
lanything that may undermine the reputation of a person, his legacy, his commercial interests or may defame him, cause him financial loss or compel him to bestow a benefit on a third party or deprive him of carrying out his trade or performing his skill.
The penalties under the Press Law range from fines in the amounts of QR300 – QR3,000 to a maximum of six months’ imprisonment. The penalty varies according to the offence committed and in some cases may be doubled. Confiscation of the printed materials and tools and the closure of publishing houses are also provided for.
Under the Law No (11) of 2004, the Penal Code, the penalties are more severe. Defamation, which includes slander, is punishable by imprisonment up to two years and fines of QR 20,000. The Penal Code provides up to seven years’ imprisonment for the crime of blasphemy.
Distribution and circulation
A written licence is required before printed material can be imported, exported or distributed in Qatar. A special licence of import is required if printed copies or voice recordings of the Holy Qur’an are being distributed. A deposit of QR3,000 or a bank guarantee is required as warranty for the payment of fines and expenses.
Distribution includes pasting printed materials on walls or exhibiting them in windows of public shops. The Ministry may censor any part of the publication if it is found to contain the banned material mentioned above.
Censorship committees on artistic works
An artistic feature should not be made public in an exhibition or otherwise before obtaining the approval of the competent Censorship Committee. This Committee consists of a chairman from the Ministry, four other members selected by the Minister and one representative from the Ministry of Education, the Ministry of Interior and the Ministry of Labour and Social Affairs. The committee can censor or prohibit the circulation of such material as it sees fit.
Note: Qatari Laws (save for those issued by the Qatar Financial Centre to regulate internal business) are issued in Arabic and there are no official translations for the purpose of drafting this article, we have used our own translations and interpreted in the context of Qatari regulation and current market practice.
♦ If you would like further information please contact David Salt ([email protected]) or Emma Higham ([email protected])
