Through global forums and media, the Kingdom of Saudi Arabia has been keen on spreading progressive discourse in an effort to improve its image. Despite this, the monarchy still considers expressing certain opinions a crime in several circumstances both offline and in the digital space.
What started with a series of laws regulating freedom of expression, from the Personal Data Protection Law (PDPL) that could violate the right to privacy and increase censorship, to controlling what is written on Wikipedia about Saudi Arabia, anyone working in the media and press sector faces a risk that could lead to imprisonment or even execution.
The “law” (An-Nitham) in Saudi Arabia refers to a set of legal rules enacted primarily by the regulatory authority. This mechanism overrides the legislative authority in the Kingdom, as stipulated in Article 67 of the Basic Law of Governance.
The law states, “The Regulatory Authority shall be concerned with the making of laws and regulations which will safeguard all interests and the removal of corruption from the State’s affairs, according to the Sharia. It exercises its powers in accordance with this system, the Council of Ministers, and the Shura Council.”
Through this measure, the Regulatory Authority is granted the power to enact rules and regulations, and it is also referred to as the Cabinet. According to the Law governing the Council of Ministers, this body possesses broad regulatory power and authority to issue laws and regulations, as well as develop internal, external, financial, economic, scientific, defense, and educational policies which apply to all public affairs. It is important to clarify that the members of the regulatory-legislative authority are neither elected by the people nor are representative of their views.
This article reviews the Draft Saudi Media Law and the Saudi Audio-Visual Media Law and their proposed amendments. These two legislations pose a significant threat to the residents of Saudi Arabia, contrary to claims made by the monarchy that they aim to regulate media content by enhancing its quality and ensuring its suitability to the Kingdom’s culture, values, and traditions.
The Draft Saudi Media Law
The Draft Media Law, which hasn’t yet been adopted, primarily aims to “regulate and develop the media sector and its different activities, as well as regulate the status of media workers and other relevant professions” alongside “regulating the entire media content and contributing to increasing its quality.”
However, a closer look at the draft law’s provisions and stipulated penalties reveals an ambiguity in the working mechanism of entities in charge of “regulating media content” and new restrictions on media work and journalists practicing their profession within Saudi Arabia.
According to the introduction prepared by the General Authority of Media Regulation (GAMR) that was submitted for approval last November, the law’s articles apply to all media platforms “used to publish and disseminate media content of all forms, including digital media platforms.”
In other words, it applies equally to printed newspapers and social media platforms that ordinary people use to comment or express their opinions about various different subjects.
Restrictions to Freedom of the Press and Expression
Article 5 of the draft law tasks the General Authority of Media Regulation (GAMR) with “regulating and classifying media content produced, published, or presented through the media and accessible within Saudi Arabia, as well as contributing to elevating its quality in coordination with the relevant authorities and in compliance with the regulations.”
Nevertheless, it does not specify the implications of the actions entrusted to the GAMR in Article 5. The word “regulating” is very broad, with meanings ranging from changing broadcast/publishing time to preventing dissemination in the first place. The same applies to “classifying.”
How, exactly, can the GAMR contribute to “elevating the quality” of specific media content, and what are its powers and limits in intervention?
Article 6 of the draft law stipulates the “requirement to obtain the necessary license or permit from the GAMR before engaging in any media activity, in accordance with the provisions of the Law and regulations.”
This article prohibits publishing content or exercising media activity without licensing, which presents a two-fold risk. The first is that the article is multifaceted, as it may apply to a user who publishes news or shares information on social media, which, in turn, threatens freedom of expression and the small margin of freedom granted to users.
The second is that the article contradicts the global orientation towards “mobile journalism,” which has come to somewhat replace the traditional press and its need for large equipment, expenses, preparation, and specialization.
Nathan Silber, SMEX Research Unit Coordinator, says this law represents “only one facet within a broader trajectory Saudi Arabia is moving towards, especially as technology and communications have gained significant attention and weight in the strategy of Crown Prince Mohammed Bin Salman.”
“As Bin Salman attracts tech giants by passing favorable legislation and providing economic and investment opportunities, the legal framework adopted by the Saudi authorities helps assert their control over the digital space,” adds Silber.
Article 11, for instance, addresses freedom of expression and opinion and affirms that such freedom is “guaranteed to the various media outlets, in a manner that does not contradict the provisions of applicable laws and regulations.”
Article 13, however, directly contradicts it and stresses the need for those subject to the Media Law to adhere to a strict list of “media content controls.” According to the law, this includes not publishing any content that jeopardizes the principles of Islamic Law, criticizes the King or Crown Prince, compromises public law and morals, incites violence and terrorism, threatens societal peace or national and international security, or harms the national economy or national currency.
In addition, media content should not harm the Kingdom’s relations with Islamic, Arab, or other friendly countries, incite strife, division, and hate among citizens or residents, contain false information not based on reliable facts, or violate any other controls specified by the regulations.
This implies that any content deemed by the GAMR as false news or that instigates violence, using criteria not explicitly stated and decided upon by Authority members, could be removed, and the publisher could face legal consequences.
Furthermore, “any other controls specified by the regulations” grants the Authority a margin to take unjust actions or decisions – without legal backing or a logical rationale – that satisfy the whims of its members because the controls themselves remain unidentified in the law.
Commenting on Article 13, Legal and Policy Officer Najah Itani at SMEX adds, “This text is a clear violation of freedom of expression, legalizing a form of regional censorship that geographically controls public discourse. It is miles away from the image of modernity the authorities are trying to portray.”
Article 16 stipulates that the licensing authority “shall remove any media content that violates the provisions of the Media Law, regulations, and other applicable laws in the Kingdom.” This implies that, if adopted, the law will allow authorities to exercise censorship and control content.
Article 17 also mentions the obligation to “remove any media content that contradicts the provisions of the Law and regulations […] or limit access to it or its publishing inside the Kingdom”, which paves the way, without any legal justification, for legitimizing content restrictions and violating users’ right to accessing information.
“The real aim of this article is to control public discourse within the Kingdom. There is an explicit intent to control what the public has access to inside Saudi Arabia, as well as what the public may say or do,” Itani explains.
Additionally, Chapter Six addresses the principles of control and inspection, which emphasize that it is prohibited to “prevent control officers from performing their duties or entities subject to the Law from cooperating with them and providing them with the necessary facilities when they request documents or information […].”
This means that control officers may request data or documents to which access should be exclusive for media institution employees. Such a request violates journalists’ right to protect their sources and carry out their work with ease and without pressure or restrictions.
Finally, penalties for violations range from fines reaching 10 million Saudi riyals (more than 2.6 million US dollars) to suspending or canceling the license, shutting down the media outlet, or forcing the violator to publish an apology.
Audio-Visual Media Law
The General Authority of Media Regulation issued laws that cover the various branches of media and advertisement activities, such as the abovementioned Media Law, Journalistic Institutions Law, Draft Law Regulating Ad Content, the Draft Standards, Controls, Conditions and Procedures for Granting a License to Provide Advertising Content by Individuals via Social Media Platforms, and the Audio-Visual Media Law.
Saudi Arabia has put forth plans to issue a set of amendments to the Audio-Visual Law adopted in 2017, as it includes articles that breach freedom of expression and opinion and allows the imposition of concerning penalties on users.
The Audio-Visual Law comprises 31 articles and six chapters, in addition to a “Definitions” section at the beginning, which provides definitions for the most important terms mentioned in the text. The term “worker” is defined as any person who practices a profession in the audio-visual field. Such a definition is too broad, as the audio-visual field is very broad and requires a clear definition. Therefore, the current definition of “worker” may apply to many who do not directly work in the field, which allows for numerous rights violations.
What is most striking about the Saudi Audio-Visual Media Law is that it explicitly applies to social media, not just traditional media, which also remains undefined in the law.
The Law defines “media content” as “content produced commercially, excluding any media content produced by individuals for limited sharing on social media, or for other non-commercial or purely personal purposes.”
However, the Law distinguishes between “professional media content” and “non-professional media content” per its suggested amendments. “Non-professional media content” refers, in the Law, to all content “produced by individuals on social media platforms or other electronic or digital publishing platforms for personal and non-commercial purposes.”
The expanded scope of these terms gives the authorities a margin to impose more restrictions on the freedoms of media users and legitimize the ability to diminish freedom of the press and expression. Such an outcome is expected and has been witnessed in Iraq, Jordan, Tunisia, and even Saudi Arabia, as well as in countries from West Asia and North Africa and other countries that enacted faulty laws under the guise of regulating the media and cyberspaces.
Ambiguity in Legal Texts
The amendment to the Audio-Visual Media Law implementing regulations, proposed through the Public Consultation Platform on August 14, 2023, addresses, in its fourth article, what is known as “media content controls.”
Such controls, similar to the definitions, contain expressions that hold broad meanings and are subject to interpretation that allows, by law, the suppression of objections voiced via media or electronic platforms. It is lawful, for example, to suppress content that “violates the controls of the Kingdom of Saudi Arabia,” “incites overthrowing the ruling class or practicing violence to change social and economic principles.”
It also targets content that is “based on propaganda and false information that aims to misguide others,” “harms the relationship of the Kingdom with friendly countries,” or “affects the value of the national currency […] or reveals merchant bankruptcy.”
In addition, media content controls emphasize the need to “preserve values and virtues among youth and promote social values,” all of which are relative concepts undefined linguistically, customarily, or culturally. They are terms subject to interpretation and exceptions in ways that please the legislator.
In Article 9, the law mentions the “obligations of the licensee,” in other words, the conditions that entities who have received licenses for audiovisual activity should abide by. Moreover, the amendment of paragraph 14 allows the exclusive “display of commercial ads classified and cleared by the Authority.”
According to the amendment proposed in Article 19, allegedly intended to “protect beneficiary rights,” the Authority may “ensure that the licensee’s content does not violate media content controls, age rating, and other relevant controls.”
Contradictions with Other National Laws
Provisions of the Audio-Visual Law, which restrict, as detailed above, the freedom of media entities to practice journalistic or media activities, contradict the Law on Printed Materials and Publications issued by Royal Decree No. M/32 of 2000. In particular, Article 8 stipulates that “Freedom of expression shall be guaranteed so as to ensure the protection and non-violation of the rights of others,” according to Saudi authorities.
Khalid Ibrahim, from the Gulf Centre for Human Rights – an independent non-profit that provides support and protection to human rights defenders in the Gulf and neighboring countries – explains that the Law imposes additional restrictions on public freedoms, including freedom of press and expression.
“The Saudi authority is totalitarian, known for its oppressive tendencies. It has committed and continues to commit serious violations of human rights and disrespects the opinions of others. It is expected to impose more and more restrictions on freedoms,” Ibrahim added.
“At a time when the government controls traditional media in a country that is missing independent press or platforms, citizens have resorted to social media platforms to express their opinions,” he added.
“Soon after, the oppressive authorities enacted laws to combat cybercrime and others that led to the imprisonment of internet activists and restrictions to freedom of expression rights on the internet.”
In turn, Marianne Rahmé, Head of the Policy Unit at SMEX, believes that “the latest amendments complement an increasing set of strict laws and regulations that significantly restrict freedoms, especially the freedom of expression in Saudi Arabia.”
“Ambiguity and lack of specific and accurate definitions, in addition to the many loopholes in the law, result in arbitrariness and unjust rulings. This pattern reflects a clear trend adopted by the authorities in its legal actions to oppress opposition and diverging opinions,” Rahmé added.
In 2022, Saudi Arabia escalated its repressive campaign against individuals who use the internet to express their opinions. Amnesty International, for instance, documented the cases of 15 people who were sentenced in 2022 to prison terms of between 10 and 45 years simply for peaceful online activities, including the longest sentence believed to ever be imposed on a Saudi woman for peaceful online expression.
The Saudi government has also launched, in the past few years, a severe crackdown on citizens calling for change. Human rights defenders, lawyers, journalists, religious figures, and political activists appeared before the Criminal Court for terrorism-related charges. Amnesty International documented the cases of 95 individuals who sat for trial before the Specialized Criminal Court between 2011 and 2019. It concluded that the judges of the Court had presided over grossly unfair trials, issuing prison sentences of up to 30 years and numerous death sentences “in an attempt to muzzle opposition.”
