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3. Misinformation: What Are the Consequences for Spreading Fake News in Lebanon?

In recent days, and particularly in recent hours, Lebanon has been inundated with fake news, misinformation, and deceptive reports as the country remains embroiled in a war that has been ongoing for over a year between Hezbollah and Israel.

This misinformation is dangerous for several reasons, primarily because its spread fuels disinformation and causes confusion. Just yesterday (Thursday), more than five false reports (at the very least) circulated on social media, spreading rapidly among alarmed citizens who no longer knew what or whom to believe.

For instance, various institutions, including the Royal Norwegian Embassy and the Qatari television network Al-Jazeera, located in downtown Beirut, received anonymous calls and alerts urging them to evacuate. Similarly, around 11 AM on Thursday, the Lebanese Court of Audit headquarters in the Kantari district was temporarily evacuated for the same reasons. Other institutions and organizations in the Hamra district and elsewhere in the country faced similar threats.

While the authorities conducted investigations and performed "fact-checking" to reassure the public of the false nature of these claims — which was confirmed later — the damage had already been done. The resulting panic caused massive traffic jams as people rushed to flee the center of the capital.

What Does the Lebanese Penal Code Say About Misinformation?

What does the Lebanese penal code say about those who spread false news intended to manipulate or deceive the public, particularly Lebanese citizens who have been living in fear for months?

In an interview with This is Beirut, a criminal law expert who requested anonymity explained that Lebanese law penalizes acts of "propaganda" or "disinformation" through two specific articles, applicable to crimes committed during wartime.

"Anyone who, during a time of war or imminent threat of war, engages in propaganda in Lebanon that aims to weaken national sentiment or incite ethnic or sectarian tensions shall be punished with a temporary detention," states Article 295 of the Lebanese Penal Code.

However, the criminal lawyer emphasizes that the most relevant article for addressing the current disinformation is Article 296. It states: "Anyone who, under the same circumstances, spreads news that they knew to be false or exaggerated, and which could affect the morale of the nation, will be subject to the same punishment." Indeed, the law refers to the morale of an entire nation, which is precisely the focus of this article.

As citizens across Lebanon — from the north to the south, east to west, and the heart of Beirut — experience intense anxiety and live in total uncertainty, hoping for a swift resolution to the war engulfing them (a war they did not choose), the spread of fake news only exacerbates their suffering.

These false reports further undermine the morale of a population already highly vulnerable and weakened over the past five years by multiple crises: an enduring financial crisis since 2019, leading to a devaluation of the Lebanese pound by more than 98%; a powerless government held hostage — with no control over decisions of war or peace; a presidential vacancy since October 31, 2022; and the Beirut port explosion on August 4, 2020, which left deep scars, devastated a large part of the capital, caused over 235 deaths, 6,500 injuries, and displaced 300,000 people, leaving the population with widespread post-traumatic stress disorder (PTSD).

Article 296 also notes: "If the author believes that this information is true, they face a minimum prison sentence of three months."

The criminal law expert further explained that depending on the type of offense, it may be necessary to "combine Articles 295 and 296" with Article 317*, which states that "any act, writing, or speech intended to incite sectarian or ethnic tensions and provoke conflicts between communities or different segments of the population shall be punishable by a prison sentence of one to three years and a fine of one hundred to eight hundred thousand Lebanese pounds (...). The court may order the publication of the judgment," the expert concluded.

Authorities Must Act

In any case, what is clear is that in a country living under constant anxiety, amidst continuous bombings and grim news, the authorities must perform their duties and severely punish these inhumane acts. But how can complaints be made and heard during wartime, knowing that Lebanon is a country where justice is overwhelmed with unresolved cases, or cases that have been shelved due to political or clientelist reasons, or that simply lacks resources? This, however, is another debate that would require a separate article.

*Article 317 – Repealed and replaced by Article 1 of the Law of December 1, 1954; and the fine amount was modified by Article 19 of Law No. 239 of May 27, 1993.