- RIYADH: When the Saudi publishing law was amended in March 2011 many expressed their dissatisfaction as they considered it a way to restrain the media.
- The amendment aims to protect members of the Senior Scholars Authority, statesmen, government employees and any other individual or company from being defamed.
In the case of a schoolteacher accused of raping 13 young girls, Fayez Al-Shihri, academic at King Fahd Security College and expert on information crimes, believes that the concept of free press has been misused. The accused was prejudged and slandered by the media before the conclusion of investigations and before the judge had said his final word.
“This is an obvious and clear violation of publication law, human rights and general social ethics,” said Al-Shihri, adding that publishing widely and without restrictions about the case violated press ethics.
Should the investigation prove the accused innocent, Al-Shihri pointed out, he would have the right to sue all publications and websites for slander.
“The case is a serious indication of the concept of freedom of press and where it has reached. It has shifted from publishing news, covering events and giving views and reviews to attacking people and pointing fingers,” said Al-Shihri.
Al-Shihri pointed out that the media had labeled the accused and eventually revealed his name and family details.
Al-Shihri felt disappointed when certain pieces of evidence started being ruled out and the media did not report on the issue with the same enthusiasm. “The media exerted all possible efforts to report specific details of him and his family's life, yet did not take the initiative to protect his reputation and entertain the possibility of his innocence when some of the evidence was ruled out” said Al-Shihri.
In Al-Shihri's opinion, turning any legal case into a public opinion poll affects the course of the investigations and might influence a final judgment. “The media, therefore, should consider strongly their social responsibility versus bumping up their sales,” said Al-Shihri.
Lawyer Ahmad Al-Sudairi, on the other hand, approves of the fact that a defendant is innocent until proven guilty, but does not believe that public opinion prejudices investigations or a case.
“When news of investigations leak out to the press in cases of public demands, like what is taking place in Egypt, then public opinion and demonstrations might affect a verdict for the sake of satisfying or pleasing the masses,” said Al-Sudairi, indicating that this did not apply in this case especially if the investigators and judges had confidence in themselves.
Yet, Al-Sudairi stressed that while it was essential for the public to follow up on the case, investigations did not necessarily mean that the accused was guilty or should be sentenced, as some allegations might not stick.
Saud Al-Kateb, professor at King Abdulaziz University, also stressed the importance of the media focusing on crimes of this nature, as it was a way to protect society and warn parents.
“In the past, we would not refer to incidents of this sort in the media due to cultural reasons. Now they should be brought to light from the first moment, and I blame the media and police for hiding this information,” said Al-Kateb.
However, Al Kateb strongly advocated the right of the accused to defend his reputation while investigations are taking place, as he is innocent until proven guilty and should be treated with dignity.
“The damage that has been done to the alleged rapist’s reputation and family is doubled because of the nature of our society,” said Al-Kateb, pointing out that while the identity of the arrested man should remain hidden, the action itself should be brought to light from the very beginning.
The course of investigations, Al-Kateb believed, could be affected by rumors, leaked information, and aggravated public opinion. “The publication law protects individuals against slander, but the law is not enough if it is not implemented,” said Al-Kateb, adding that it was the person's right to sue all bodies that publish defamatory reports about him before a verdict was handed out.
“The real test in applying the law is by upholding one's right against those who jeopardized his reputation,” said Al-Kateb.
“The law is clear and information should not be leaked to the press during investigations,” said lawyer and former judge Mohammad Al-Jazlany. In his opinion, it is the defendant's right to sue newspapers and websites for revealing information about him while investigations are still on.
On the other hand, Al-Jazlany said it was also a public right for legal and security bodies to file a lawsuit against newspapers and reporters that reveal information about the investigations, potentially prejudicing a case.
“The legal system, though, might not admit to being influenced by the media or public opinion, and would stress on its sovereignty and independence,” said Al-Jazlany. When he was in office as judge, he personally witnessed cases where the effect of public opinion led to quicker than usual ruling in the courts, regardless of its accuracy.
“If I were in the committee that receives a lawsuit concerning the potential prejudicing of a case while investigations were taking place, I would accept it,” said Al-Jazlany. However, he wondered who would dare sound the alarm and say the media is putting pressure on the legal system.



