Syria and the Press: How Syria's Culture is Breaking Out of Assad's Emergency Law

With the death of political dictator Hafez Assad in 2000, free speech advocates in Syria and around the world dared to hope that the government's iron grasp on the press would loosen. Assad's son, Bashar Assad, replaced his father and gave his people reason to believe their hopes for open dialogue would be fulfilled. In his inaugural address, Assad told the people that he saw a need in his former father's government for "creative thinking, constructive criticism, transparency and democracy."[19] But hope was crushed less than a year later when a sheet of new laws issued forth from the minister's seat in Damascus, restricting the press in some areas even further than during his father's reign.

According to Syria's constitution, the country is a republic, guaranteeing the rights of free expression to its citizens.[20] But the totalitarian regime has found numerous, petty excuses to cover the constitution's mandates with concerns centering most often in national security and honor. Article 38 of the constitution states:

Every citizen has the right to freely and openly express his views in words, in writing, and through all other means of expression. He also has the right to participate in supervision and constructive criticism in a manner that safeguards the soundness of the domestic and nationalist structure and strengthens the socialist system. The state guarantees the freedom of the press, of printing, and publication in accordance with the law.[21]

The current enforcement of this constitutional mandate is almost completely non-existent today. Assad, supported by the majority political Ba'ath party, continues to follow his father's precedent in dealing with the media by using the State Emergency Law as an excuse for actions taken against journalists that under the constitution, would technically be considered illegal.[22]

The State Emergency Law was enacted after a military overthrow of the Syrian government in 1962. When the Ba'ath party re-took the government a year later, they renewed the law with the Military Command No.2 of March 1963. The law was later officially codified the Military Command as Legislative Decree No.1.[23] Under this law, the prime minister and the interior minister have virtually unlimited powers in reference to the press and how it gathers and publishes information. They can restrict how people meet and gather together, arrest anyone under the pretense of suspicion of endangering public security, and they are also allowed to delegate to anyone the power to fulfill these tasks. With national security as a blanket motivation, full censorship of letters, publications, broadcasts, and other forms of communication is condoned. The law also forbids offenses against security, the state and public order, public authority, and offenses which destroy public confidence and or constitute a general danger.[24]

In response to criticism from the UN and other nations throughout the years regarding the continued propagation of the Emergency Law, Syria has claimed that with the creation and continuing existence of Israel in 1948, their security is constantly threatened with a potential conflict between the two countries, and as such, the Syrian people must be protected through whatever means deemed necessary by the government.[25]

In conjunction to the Emergency Law, Assad created more specific laws designed for the Syrian press, which is already completely controlled and censored by the state. Because of the "excessively elastic" borders of the Emergency Law, virtually no freedom exists for expression in Syria.[26]

The following is a list of subjects prohibited in the press, according to the Press Law, Decree No.50/2001.

• Information about the investigation and charges in misdemeanor and criminal cases "prior to their being delivered by the court in an open session."
• "Details of cases of libel, defamation, slander, or calumny."
• "Details of secret trials and hearings of cases dealing with divorce, separation, hereditary disputes and those banned by courts, and reports made by forensic doctors in crimes of immorality."
• "Confidential reports of the National Assembly."
• "Articles and reports about national security, national unity, details of the security and safety of the army, its movements, weapons, supplies, equipment and camps, with the exception of information issued by the Ministry of Defense and approved for publication."
• "Books, correspondence, articles, reports, pictures and news affecting the right to privacy." [27]

Groups larger than 5 are not allowed to gather anywhere or for any purpose in Syria, and those who are thought to publish false information, particularly concerning the government, will receive prison terms for up to 3 years and fines of the US dollar equivalent of $10,000 - $20,000.[28]

As can be expected, on this most recent world press freedom day, May 3, 2007, Syria was named in the latest list of "Predators of Press Freedom" by the Reporters Sans Frontieres.[29]

Insult laws exist in the form of "acts of defamation and disparagement," and are criminalized by the Penal Code and the General Law on printed Matter.[30]

Reactions to the Law

Because there is no pluralistic independent media in Syria, the issue of corruption in the media itself is a somewhat dead point. All three papers are not only owned by the state, but all news gathering and publishing also goes through government censors.[31] Since the level of corruption in the Syrian government has been rated as a 2.9 by the Transparency International Organization,[32] one can only assume that the state controlled media takes part in that corruption to some degree.

But the Syrian people are by no means wholly cowed by their dictator. Journalists from five different Arab countries, including Syria, are planning to set up a watchdog institution specifically designed to resist encroaching media restrictions in their respective countries.[33] Despite the government's desperate attempts to monitor the Internet by shutting down and blocking dissidents' emails and blogs, an increasing amount of people are outsmarting the monitors by creating critical blogs in English, remaining anonymous on cyber political rantings, and creating numerous email addresses to avoid being tracked down.[34]

The foundation of Syria's law is based on the Islamic law, whose core criminal system is built on inflicting deterrent punishment and "cultivating religious consciousness in the human soul and the awakening of human awareness through moral education."[35] A highly significant factor influencing the Syrian mindset is this law and the welding of church and state. For many Muslims, this is a natural way of life and is not questioned.[36] Though Islam is not the official state religion, the head of state is required to be Muslim, and the large majority of Syrians are Muslim.

Islamic Law

Though Syria is a secular state, much of their law is based on the law of Islam, which uses the Qur'an as its ultimate authority on questions of litigation. The Islamic law consists of three categories of crimes: Hudud, Tazir, and Quesa crimes. Hudud crimes are those against God and include in most states murder, apostasy from Islam, making war upon Allah and his messengers, theft, adultery, defamation, false accusation of adultery or fornication, robbery and alcohol-drinking.[37] These are considered the most serious crimes and their punishments are specifically outlined in Qur'an, the ultimate and final authority on Islamic law.

Qesa crimes are those listed as crimes allowed for revenge against an offending party, and strict rules are outlined for these acts in the Qur'an and other Islamic scholars' writings.[38]

Tazir crimes are ones committed against society and are considered to be less serious in nature than Hudud or Quesa crimes, and so their interpretation and structure is largely left to be created by individual legislative bodies within the various Islamic states.[39] Because of the inherent ambiguity with Tazir crimes, countries like Syria are able to take such things as freedom of the press and apply their own interpretations and punishments to whatever they deem as criminal acts against the state.

As can be seen by the foundations of Syrian law, Islam plays a heavy role in the administration and lifestyle of Syrians, though many Muslims in Syria and outside it do not agree with the application of Islamic law that Bashir Assad practices. Those who actually are able to read and have access to these laws, however, is few, preventing the people from rallying force with any sort of noticeable power. Syria's literacy rate is at only 70 percent. The female population of Syria has only a 55.8 percent literacy rate, while the male population is at 85.7 percent. "Syria's inadequate infrastructure, outmoded technological base, and weak educational system make it vulnerable to future shocks and hamper competition with neighbors such as Jordan and Israel."[40]

History of Media Development

The history of Syria's media is about as rocky as the history of the country itself in its struggle for anatomy. The very nature of the media's status in the country today is inherently arbitrary, senseless in its structure and reason. During the over 30 years of this life of uncertainty Syrian journalists have lived in, the "excessive elasticity" of the government's laws have served to hold the press and all civilians in a constant state of fear, born of their leaders' power found in the void where abstract laws were said to originate. But the winds of oppression have ultimately blown a flame of hope into existence through the recent explosion of the Internet.

Progress of any kind in Syria is rare and agonizingly slow, and the media is no exception. But the very vagueness the Syrian government has been using to their advantage for the last three decades is now turning to help the people do that which the government is fighting to prevent-express themselves freely without retribution.

People are not free to use the Internet as they please, but "...the limits are constantly shifting with the rulers' subjective whims, so ordinary people are never sure what those limits are."[41] But this time the Syrians are seeing the capricious rule in a positive light. "In Syria, we do not have any laws regulating the Internet or websites," claimed Ammar Aurabi, head of the National organization for Human Rights in Syria.[42] In some ways, that's a good thing.

The Syrians have never been completely without some sort of resistance. Even under the darkest years of political dictatorship, there have always been various pockets of rebellion. As for significant movements towards the furthering of media freedom, however, there have been few-few, at least, in public record. The government's control in the past has been so absolute that access to the telling of stories of personal acts of rebellion must be anticipated for a future day when freedom is more widespread.

But the Syrian government has encountered a new enemy in that which President Bashar al-Assad termed as "a key factor in accelerating human development," in his 2000 inaugural address.[43]

The Internet

The president has been called a "computer nut,"[44] with computer magazines being his main bedtime reading material.[45] Deeming his obsession not fit for the people of his country, however, Bashar has headed the invention of software for tracking Internet use and has teams of workers not only hourly monitoring the web, but staking out actual internet caf�s to watch peoples' screens.[46] The process of applying for an Internet license is arduous, internet caf� owners are required to carefully monitor their patrons, and sites such as Yahoo and Hotmail aren't even available.[47] Reporters Without Borders classified Syria as " 'one of the worst offenders against Internet freedom.'"[48]

But despite the government's monitoring frenzy, they are losing the battle. Internet usage has exploded over the past six years. In 2000, only 30,000 of the 18 million in the country were online, compared to a staggering 1 million of 18 million today. And some estimate that number will go up to 1.7 million by 2009.[49]

The Internet is, by far, the most significant movement towards more freedom for press that has ever taken place in Syria.

In an international report, the Wall Street Journal reported:

"The internet is having a profound impact on closed Arab societies as a forum for minority and dissident views...though Syria's police are mean to political dissidents, they are nice to software pirates. For just a dollar, you can buy a programme off the streets of Damascus to cover your internet tracks-and safely get a look at all the forbidden stuff."[50]

Anonymous and English language blogs seem to be the most popular forms for both the young and the old who wish to exchange information and oppose what they disapprove in the government.

Amr Faham, a Syrian frequenter of cyber cafes, refrained from posting any political statements on his blogs until they were shut down for three days. Once they came back up, he held nothing back.

"Will it take years till someone from them discover that it's also impossible to block the blogs as hundreds of free blogging services are born each few months? Or to find out that not all bloggers should be considered dangerous? So hey you, there in your dark room, making the people, whether deliberately or accidentally, your favorite game; give me back my personal free space!"[51]

Though the government has not hesitated to jail people for less virulent criticism, the level of toleration is visibly increasing. A women's rights site, www.thara-sy.org/English/arabic/index.php, posts stories exposing the growing prostitution market in Damascus and has not been shut down, though 10 years ago the government never would have tolerated one of the stories.[52]

The site www.maaber.org in less than four years has become a popular outlet for educated Syrian youths on philosophy, nonviolence, psychology, environmental affairs, and literature.[53] The websites www.thisissyria.com, www.rezgar.com, and www.tharwaproject.com, are all blogs that have sprung up in the last six years and provide an outlet for critical venting.[54] In October 2005, eight private publications formed an independent media association and bloggers created Syria Planet (http://syplanet.com) in March 2006 for a constant feed of blogs from inside Syria as well as from outside sources.[55]

The Internet is seen by some as not just a semi-safe place to speak, but also the key to the revitalizing of Syrian apathy towards education and critical thought.

"Lifting the limits on freedom of expression and fostering the development of young intellectuals aren't enough. There is a clear need to bridge the gap in knowledge that separates the Middle East from the rest of the world. This requires broad exposure to modern Western thought..."[56]

By using the Internet to help translate at a more rapid pace Western literature and philosophy, Abdulhamid claims the critical analysis skills necessary to help pull Syria and other Middle Eastern countries out of the rut of poverty will be fostered in the youth.[57]

Looking to the Future

The obstacle looming just ahead of the Syrians after hopefully bringing down the oppressor who restricts their speech, is what to do with that freedom once they gain it. After their 30-year struggle for independence, first from Turkey and then from France, the gift they had fought so long for was banished for another 30 years by one of their own. Once they gain freedom of expression, they will need the wisdom to know what to do with it. And in their current state of isolation and almost absurd knowledge of the outside world, that wisdom is doubtful.

"The Internet is really important, but it doesn't make any change because the hand of security is still so strong. People can get information now, but they can't do anything with the information. Maybe you have a window on the world, but you don't have a window on what's going on inside, and that makes you blind."[58]

New Sources of Information

But the lack of action in overthrowing their despotic rulers should not be confused with apathy.

"People are afraid that if they act up or demonstrate or voice their views on a website, then they're going to get in trouble," said Guy Taylor, a Washington D.C.-based freelance reporter who investigated media development in Syria last year. "People realize that's real in Syria, and by the time you're 18, you don't want to be involved in this."

But running alongside the fear is also hope, which Taylor said is definitely present in the streets of Damascus and elsewhere in Syria. He said the people actually believe the current leader, Bashar al-Assad, is doing a lot to open up the country to outside influences-at least, a lot more than his father did before him.

"If you stand on a rooftop on Damascus the first thing you're going to see is satellite dishes," he said.

The "Arab sats,"[59] as they are now called, have sprung up all over the country, and through them, Syrians are able to access countless sources of information from all over the world. Dr. John Measor, political science professor at University of Victoria in British Columbia, explained that the Syrians are now able to watch news from BBC and other western stations, whereas the internet is used for more cultural venues.

"[The satellites] are impossible to control, and dwarf the impact of the internet by magnitudes in the thousands in coverage and exposure," he said.

Measor also pointed out that though the existing press laws allow the government absolute control over all printed media, the Syrians have not hesitated to take advantage of their freedom in other mediums. "The plurality of political discussion on the Arab sats is much more diverse than we receive in North America," he said.

Progress is Slow

With the access to other news sources, an assumed natural result is the eventual dilution of government propaganda. "It [the propaganda] becomes irrelevant," Taylor said. The government knows this, but still does all it can to keep power from slipping, and so they let the people listen to other opinions, but they themselves are not allowed to express their own within their country. This is due largely to the restrictions placed on the internet, which, though slowly being overcome, still present many dangerous obstacles to would-be political activists wanting change.

Dr. Eyal Zisser, senior research fellow at the Moshe Dayan Center for Middle Eastern and African studies at Tel Aviv University in Israel, said there is no room for real journalism in Syria, because in the end, everything is still in control of the government. "The communal structure of the society and the economic backwardness" of the country is keeping them from gaining more freedom for the press, he said. And though it is getting more and more difficult for the Syrian government to control the net, the problem still remains that most Syrians have no access to it.[60]

But Taylor is convinced that somewhere, somehow, something must give. "When you bring information to people, it elevates them," he said. Slowly, but surely, independent publications are springing up, voicing opinions that 10 years ago would not have been tolerated. The people still have to be careful, but the lines are getting pushed back, little by little.

Understandable Fear, but Justified?

By far the most significant fear ruling the government's actions is that of an insurrection of either Islamic extremists or the Kurds. Officials use this paranoia as an excuse to continue the Emergency Law, which gives them unlimited access and power to anything that might be considered a threat to the state's security. Given the fact that every country surrounding Syria is involved in some sort of conflict, this fear is more understandable, along with the measures Assad takes to counteract it.

"There's a great fear that Syria is going to be swallowed up by the chaos of the region," Taylor said.

The government works tirelessly against Islamic groups such as the Muslim Brotherhood, shutting down Islamic websites and Islamic publications.[61] And when the people see the streams of Iraqi refugees flooding into the country and images of the civil unrest in the streets of Lebanon, they become more interested in a stable, secure country than the end of a repressive regime.[62]

Such a government, however, accountable to no one and with the full reins of power free in their hands, inevitably succumbs to corruption. Syria is no exception. It rates a discouraging 2.9 on the international corruption scale, and bribery and black markets are common parts of life.

"Such a regime does stifle society and constrain life in ways only understandable to those who live under such controls...the corruption and nepotism brought on by such a governing sytem is draconian and crushing society," Measor said.

Taylor called it a "Soviet style hang-up government," still operating under a secular state with the all the sleaze and greedy power mongers that come with such an organization.[63] Though the government uses its state of war with Israel as its main justification for utilizing such an authoritarian style of government, Zisser, among others, don't believe for a second that the law would dissolve if the country were technically at peace. "It [the Emergency Law] will continue also if there is a peace, to defend the regime and ensure its survival,"[64] he said.

The Country

But amidst the opression and the silenced voices shine the lives of a beautiful, fiercely proud people, whose nationalism is refreshing in a world that tiptoes around such unpopular sentiments today. "Syria has massive social issues," Taylor said, "but it is a beautiful land, great food, and a beautiful people."[65]

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[42] Taylor, Guy. "After the Damascus Spring," Reason, Los Angeles: Feb 2007. Vol. 38, Iss.9, p. 38-45

[43] Taylor, Guy. "After the Damascus Spring," Reason, Los Angeles: Feb 2007. Vol. 38, Iss.9, p. 38-45

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[47] International: "Watch out; Arabs and the internet;" The Economist. London: Jul10, 2004.Vol. 372, Iss. 83

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[49] Taylor, Guy. "After the Damascus Spring," Reason, Los Angeles: Feb 2007. Vol. 38, Iss.9, p. 38-45

[50] International: "Watch out; Arabs and the internet;" The Economist. London: Jul10, 2004.Vol. 372

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[52] Taylor, Guy. "After the Damascus Spring," Reason, Los Angeles: Feb 2007. Vol. 38, Iss.9, p. 38-45

[53] Abdulhamid, Ammar."Letter from Syria," Artforum: Bookforum New York: Dec 2004/Jan 2005. Vol. 11, Iss. 4, p. 38 (1 pp.)

[54]Abdulhamid, Ammar."Letter from Syria," Artforum: Bookforum New York: Dec 2004/Jan 2005. Vol. 11, Iss. 4, p. 38 (1 pp.)

[55] BBC Monitoring Media. "Syria: Media Overview," October 2006. London: p. 1.

[56] Abdulhamid, Ammar."Letter from Syria," Artforum: Bookforum New York: Dec 2004/Jan 2005. Vol. 11, Iss. 4, p. 38 (1 pp.)

[57] Abdulhamid, Ammar."Letter from Syria," Artforum: Bookforum New York: Dec 2004/Jan 2005. Vol. 11, Iss. 4, p. 38 (1 pp.)

[58] Taylor, Guy. "After the Damascus Spring," Reason, Los Angeles: Feb 2007. Vol. 38, Iss.9, p. 38-45

[59] Measor, John

[60] Zisser, Eyal

[61] Taylor, Guy

[62] Measor, John

[63] Taylor, Guy

[64] Zisser, Eyal

[65] Taylor, Guy