MGLEB01: New TV's Criticism of Judiciary Crosses

UNCLAS SECTION 01 OF 03 BEIRUT 000897 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/ELA; INFO R, NEA/PPD, NEA/PI E.O. 12958: N/A TAGS: KPAO PHUM KMPI KDEM OEXC SCUL LE SUBJECT: MGLEB01: New TV's Criticism of Judiciary Crosses GOL Redlines REF: A) 03 BEIRUT 9; B) 03 BEIRUT 2269; C) 03 BEIRUT 5167; D) 03 BEIRUT 5443 Summary -------------- ¶1. (SBU) SUMMARY: An episode on Arabic-nationalist, independent New Television's (New TV) weekly 90-minute call- in program "Al Fasad" (Corruption) 3/10 strongly criticized Lebanon's judiciary, naming judges -- both Syrian appointee holdovers and friends of March 14 leaders -- it alleged were corrupt. Public Prosecutor and March 14 proponent Said Mirza. , acted immediately, demanding the episode not be re- broadcast as scheduled and that presenter Ghada Eid appear in court on Monday 3/13. New TV's latest run in with Lebanon's judiciary highlights the influence Syrian- appointees still exert over Lebanon's governing institutions, the limits on press freedom on sensitive issues, and the difficulty of untangling decades of mutually beneficial relationships between Lebanon's political class and its government institutions. In other words, not all "March 14" figures are necessarily living up to the "spirit of March 14." Efforts to convince Lebanon's skeptical population that its government is transparent and accountable suffered a setback this week, but New TV, which has marketed itself as an independent "champion of the people," isn't a white-hatted hero of a responsible journalism, either. END SUMMARY. New TV Ends up in Court After Call In Program -------------- ¶2. (SBU) After Arabic-nationalist, independent New Television aired an episode of its weekly 90-minute program "Al Fasad" (Corruption) hosted by Ghada Eid 3/10, the station received a telephone call from Lebanon's Office of the Public Prosecutor. Complaining about the program's allegations of corruption in the judiciary, the official told New Television not to re-run the episode as scheduled. As New Television was re-broadcasting on Saturday, 3/11, members of the Internal Security Forces (ISF) Information Unit swept into the studio. Waving a summons from the judiciary, the officers demanded that the program's host, Ghada Eid, appear for a judicial hearing on Monday. New TV interrupted the broadcast immediately. ¶3. (SBU) When Eid arrived at the Palais de Justice Monday morning she was referred to the criminal court, not the Publication Court which normally hears cases of defamation. Grilled for nine hours, Eid was asked to provide proof of her allegations that the judiciary was corrupt; she was illegally denied the right to a lawyer. After questioning, Eid was released, with no indication of whether further action will be taken against her or New TV. Not New TV's First Clash with GOL Authorities -------------- ¶4. (SBU) New TV, a private station that ranks third in news viewership among Lebanese audiences, was established in 1991 by businessman and Hariri-opponent Tahseen Khayat. New TV is the only private Lebanese television not backed by a political party; its investors include the Government of Qatar, believed to have invested in New TV to counteract Saudi support for Rafik Hariri's Future Television. ¶5. (SBU) New TV markets itself as Arab nationalist, and as a "true" opposition station looking out for the average Lebanese citizen; its programming and news often flirt with the sensational. It has had run-ins with Lebanon's authorities before. In January 2003, then-Prime Minister Rafiq al-Hariri's government cut off New TV's satellite links to prevent it from broadcasting a talk show that included Saudi oppositionists. (Ref A) (President Lahoud reversed Hariri's order days later.) In June 2003, the state prosecutor announced that the station would be investigated for slander after it broadcast allegations of corruption against then-Transportation Minister Najib Mikati and then- Surete Generale chief Jamil as-Sayyed (the latter is now jailed on suspicion of involvement in the Hariri assassination) (Ref B). In December 2003, Khayyat was briefly detained on allegations of ties with Israel, and then-Information Minister Michel Samaha imposed a 48-hour news moratorium on his station for additional criticism of Mr. Sayyed as well as of Syria's military intelligence BEIRUT 00000897 002 OF 003 "proconsul" in Lebanon, Brigadier Rustom Ghazaleh (Refs C and D). ¶6. (SBU) In May 2004, late Prime Minister Rafiq Hariri sued New TV, for "defamation, fabrications, and sectarianism" after a series of programs criticized municipal corruption and accused Prime Minister Hariri's son of illegal transactions in Saudi Arabia. New TV later issued an apology; the lawsuit is still pending. Shortly after, New TV's Sidon correspondent Ali Hashisho found three grenades on the windshield of his parked car and a note warning him that the car was booby-trapped; authorities have not determined who made the threat. ¶7. (SBU) Until the Syrian withdrawal in April 2005, Khayyat carried out a vocal campaign against Syrian occupation, criticizing Ghazaleh in particular. Khayyat's Arab backers often intervened to placate Syrian anger. Although Lebanon's "opposition" is now in power, New TV has stuck with its anti-government stance, criticizing equally those in power now who also benefited under Syrian occupation and tapping into popular discontent over the slow pace of reform to increase its viewership. Is the Judiciary a Red Line for the Media? -------------- ¶8. (SBU) Ms. Eid introduced the week's episode of her 15- month old program "Al Fasad", acknowledging that "speaking about a corrupt or non functional judiciary was taboo" but that "no one will be able to deny truth" after "an honest look." After a three minute taped interview with Lebanese lawyer Roula Al Khazen, who described corrupt judicial practices, including bribery, unfair sentencing and delays in sentencing, viewers were invited to call in with questions or comments. Eid's on air guest was lawyer Joseph Abou Fadel, legal and judicial affairs editorialist at sensationalist pro-Syria Ad-Diyar newspaper. He accused Syria of corrupting Lebanon's judiciary during its occupation of Lebanon. He also detailed cases of judicial "corruption" under Prime Minister Hariri. Callers described cases of bribery, political interference, and corruption and named names. ¶9. (SBU) Lebanese we talk to tell us that Public Prosecutor Mirza's actions against New TV are not about censorship per se but rather expose long accepted red lines for Lebanon's relatively-free press. Among the "taboo" topics still remaining after Syrian withdrawal is discussion on the tangled web of mutually beneficial relationships between Lebanon's political class and its government institutions. Even a March 14 proponent such as Judge Mirza -- close to the Hariris -- may well recognize the Pandora's Box that is opened by a televised on air call in program-and if he doesn't, the hundreds of Syrian-appointed judges below him certainly do. ¶10. (SBU) The Public Prosecutor's apparent willingness to take action against New TV and its political talk show host Ghada Eid may be in reaction to pressure from largely Syrian- appointed judges intent on laying down a marker against criticism. Similarly, Mirza may also be responding to pressure from March 14 forces - some of whom benefited from Syria's presence and who were themselves involved in corruption, in other words, "March 14" figures not living up to the "spirit of March 14." Equally, Mirza and more genuine "March 14" figures may wish to prevent unfounded and unhelpful accusations of a government that is doing its best to promote more transparent and accountable government institutions. Eid, herself, tells us that she is convinced that Mirza's actions were motivated by a desire to preserve the "dignity" of the judiciary. But New TV isn't so Innocent Either -------------- ¶9. (SBU) New TV is not as innocent or clean as it would like to appear, however. Its sensationalistic reporting seems to have one purpose -- increasing viewership. It has successfully done so, primarily -- and perhaps most satisfyingly to some of its investors -- at the expense of Hariri-owned Future Television. Khayyat and his station have often appeared to be pawns in much bigger feuds, and at various levels: Lahoud used them against Hariri, for example, and New TV's Qatari sponsors have used them to embarrass Hariri's patrons in Riyadh. Some suspected that BEIRUT 00000897 003 OF 003 Khayyat's audacious jabs at the Syrian-Lebanese security apparatus were an attempt to ditch his money-losing and poorly-managed station in a way that made it appear to go out in a blaze of muckraking glory. ¶10. (SBU) Comment: New TV's latest run in with Lebanon's judiciary also highlights the influence Syrian-appointees still exert over Lebanon's governing institutions, the limits on press freedom on sensitive issues and the difficulty of untangling decades of mutually beneficial relationships between Lebanon's political class and its government institutions. Convincing Lebanon's skeptical population that its government is transparent and accountable suffered a setback this week, but New TV, who has marketed itself as an independent "champion of the people" isn't a white hatted hero of a responsible journalism, either. In reforming its government institutions, Lebanon still has some way to go. FELTMAN