Aden (South24 Center)

A new legal study by the South24 Center for News and Studies reveals that media freedom in Yemen faces a complex reality marked by political restrictions and the absence of clear legal frameworks, amidst a surge in hate speech and incitement through media outlets and digital platforms.

The study, authored by Dr. Hiba Aidarous and titled “Protecting Media Freedom in Yemen: Between Freedom of Expression and Accountability for Incitement and Hate Speech”, states that the core issue lies in the lack of balance between safeguarding freedom of expression and holding accountable inciting or hate speech, amid the backdrop of the deep political fragmentation in the country and the absence of independent regulatory institutions.

It adds that the current legal and administrative environment perpetuates violations against journalists through vague provisions used to suppress criticism, while inflammatory and hate speech escape accountability. The study notes that Yemen still lacks a clear law that criminalizes hate speech or regulates digital media under defined standards.

Contradictory Legal Frameworks

The study analyzes Yemen’s constitutional and legislative framework, affirming that existing laws—particularly the Press and Publications Law of 1990 and the Crimes and Penalties Law of 1994—have not been updated despite transformations in the digital and political sphere, rendering them inadequate for protecting journalists or regulating new media practices.

It explains that the Yemeni constitution acknowledges freedom of thought and expression yet at the same time places restrictions with vague phrases like “within the framework of the law”, without clearly defining the limitations. Concepts like “national security” and “public morals” are used to justify censorship and prosecution.

The study criticizes Yemeni laws as “legislatively distorted”, serving authority more than protecting journalism. It highlights that penal code articles related to publishing and incitement criminalize actions using ambiguous terms like “provocative propaganda” and “spreading false news,” thereby enabling their use against journalists and political opponents.

Conversely, Yemen is internationally bound by instruments such as the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, yet fails to implement these commitments, leading to a gap between international frameworks and local practices.

Systematic Violations and Digital Exploitation

The study states that media in Yemen has become a battleground for rival parties, who use it as a tool for mobilization and incitement rather than public service. It points out that the Houthis exercise the most extensive control through website blocking, telecom domination, and journalist detentions, while authorities in the South and the internationally recognized government impose various forms of administrative and regulatory restrictions.

It notes that the media sector has witnessed grave violations including arbitrary arrests, death threats, unfair trials, and the closure of media institutions, alongside systematic incitement and defamation campaigns targeting journalists and female activists—even leading to killings, like in the cases of the assassinations of award-winning photo journalist Nabil Al-Quaiti in a shooting attack in 2020, and Rasha Al-Harazi who was killed along with her unborn child in a car bomb attack in 2021, in Aden.

The study also highlights that digital platforms have become “the most dangerous threat” through the ease by which they spread hate speech, and regional and sectarian rhetoric, which is made even more sinister as a result of the creation and exploitation of fake social media accounts, and funded campaigns to fuel divisions, -- all of which leads to social fragmentation and the erosion of trust in institutions.

Structural Challenges and Institutional Barriers

The study identifies eight key challenges that hinder the development of a free and responsible media environment in Yemen:

• Weak state authority and the multiplicity of media-controlling entities

• Ineffective legal framework and the absence of clear digital media laws

• Collapse of independent media and reliance on political funding

• Use of media in political conflict instead of for oversight and public service

• Weak legal and professional culture among journalists and the public

• Lack of mechanisms to control cross-border digital content

• Influence of inflammatory content creators on the youth amid an institutional vacuum

• Dominance of armed groups and political influence over media and content

Recommendations and Proposed Reforms

The study concludes that rescuing Yemen’s media environment requires comprehensive legal and institutional reform that are aligned with international standards as well as shielding media from political exploitation. It calls for:

• Reviewing and harmonizing media laws to comply with international conventions

• Enacting clear provisions to criminalize hate speech and incitement with precise definitions

• Establishing an independent national authority to regulate digital and traditional media

• Adopting a mandatory code of conduct defining publishing standards and professional accountability

• Holding awareness programs for journalists and the public to distinguish between free expression and harmful discourse

• Enhancing regional and international cooperation to monitor cross-border provocative content

The study concludes by affirming that “Media freedom in Yemen cannot thrive without judicial independence, a political will that prioritizes public interest over conflict, and a civil society capable of holding both authorities and journalists accountable.”