Al-Manar Television programming Investigation report DECEMBER 2010

Transcription

1 Al-Manar Television programming Investigation report DECEMBER 2010

2 Canberra Purple Building Benjamin Offices Chan Street Belconnen ACT PO Box 78 Belconnen ACT 2616 T F Melbourne Level 44 Melbourne Central Tower 360 Elizabeth Street Melbourne VIC PO Box Law Courts Melbourne VIC 8010 T F Sydney Level 15 Tower 1 Darling Park 201 Sussex Street Sydney NSW PO Box Q500 Queen Victoria Building NSW 1230 T F Commonwealth of Australia 2010 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Editorial Services, Australian Communications and Media Authority, PO Box Law Courts, Melbourne Vic Published by the Australian Communications and Media Authority

3 Contents Executive summary The nature of the Al-Manar program content Key findings of the report Proposed reform of the Anti-terrorism Standards Part 1: Introduction Terms of reference Submissions to the investigation Why the ACMA conducted the investigation/compliance assessment Regulatory requirements Part 2: Al-Manar Television Investigation and assessment methodology Al-Manar Television service Transmission, reception, programming Overall methodology for the investigation and selection of content for assessment Part 3: Investigation into Al-Manar Television content Findings 17 Open Narrowcast Code provisions relevant to breach findings 18 Breach finding 1 With the Viewers, clause 1.2 of the Open Narrowcast Code 22 Breach finding 2 With the Event, clause 1.3 of the Open Narrowcast Code 24 Non-breach findings 26 Part 4: Assessment as to whether there are appropriate community safeguards 28 Introduction 28 Methodology for the assessment of community safeguards 28 Discussion of the Al-Manar Television Service and programming issues 35 Adequacy of the current regulatory framework 37 Proposal for reform 39 Consultation on proposed amendment to Anti-terrorism Standards 41 acma iii

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5 Executive summary The Australian Communications and Media Authority (ACMA) has completed its investigation into programming on the Al-Manar Television open narrowcasting service, in response to the terms of reference published on 4 February The investigation has sought to ascertain whether the service s program content broadcast into Australia between December 2008 and January 2010 complied with regulatory obligations relating to terrorist related material, as well as racial vilification and hate speech. The investigation, while of the ACMA s own motion, was in response to community concerns about the strongly themed political, religious and cultural content on the service and the fact that the service is associated with the Hizbullah organisation. Al-Manar Television is a service which originates from Lebanon, is owned by the Lebanese Communications Group and is broadcast in Arabic. It is transmitted in this region by an Indonesian owned and operated satellite and is currently received in Australia via satellite on a fortuitous basis. Al-Manar Television is regarded by the ACMA as an open narrowcasting television service and, in Australia, is regulated in accordance with the Broadcasting Services Act 1992 (BSA), Open Narrowcast Television Codes of Practice 2009 (Open Narrowcast Code) and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2008 (Open Narrowcast Standard). The nature of the Al-Manar program content The Al-Manar Television service broadcasts a variety of programming formats, including news and current affairs, children s programs and drama programs. The Al-Manar service regularly broadcasts religious programs, some of which feature Shi a and Sunni Muslim clerics and scholars, instructing followers of the Muslim faith in various aspects of religious life. The Al-Manar Television service broadcasts programming which is political in nature, including: > martyr memorial programming and martial programming, such as patriotic songs and images of Hizbullah martyrs > political programming, such as speeches by Hizbullah leaders and persons of significance > other political interstitial programming, such as graphics and images, which support the Hizbullah opposition to Israel. The programming broadcast on the Al-Manar Television service is dynamic, in the sense of appearing to be responsive to the concerns of the day, especially during periods of national and regional significance. The research undertaken during the investigation has provided background for the ACMA about the context of the Al-Manar Television service and its association with Hizbullah. It also offers an explanation for the political and ideological nature of some of the programming assessed during the course of the investigation. acma 1

6 The ACMA is satisfied that parts of the Open Narrowcast Code are operating to provide appropriate community safeguards in respect of strongly themed material which incites racial hatred or gratuitously vilifies a person or group on the basis of, among other things, nationality, ethnicity, race or religion. However, the ACMA is concerned about whether there are appropriate safeguards against other material which could be reasonably understood as advocating the doing of a terrorist act. The programming material examined during the course of the investigation demonstrated that there was a risk that the Anti-terrorism Standards would not prevent the broadcast of strongly themed, unclassified programs, which advocate the doing of a terrorist act. While the ACMA did not identify material that recruited, sought funding for or advocated terrorism in the Al-Manar programming, it is nonetheless concerned that certain styles or forms of programming (for example, martial, martyr memorial and unmediated party political programming) could amount to advocacy of a terrorist act in periods of heightened conflict within the region. This is of concern to the ACMA as the current Anti-terrorism Standards do not prohibit the broadcast of strongly themed, unclassified programs, which advocate the doing of a terrorist act. The community takes a serious view of material which advocates terrorism, given the consequences for society following successful terrorist threats and/or attacks. The ACMA takes the view that community standards require strong regulation of terrorist related activities including the prohibition of material that advocates the doing of a terrorist act. Key findings of the report The ACMA has made the following findings as a result of the investigation. Namely, that the licensee of Al-Manar Television, Lebanese Communication Group: > breached clause 1.2 of the Open Narrowcast Code by broadcasting the current affairs program, With the Viewers, on 15 November 2009, as the program was not presented fairly > breached clause 1.3 of the Open Narrowcast Code by broadcasting the current affairs program, With the Event, on 28 February 2009, as the program was likely to gratuitously vilify a group on the basis of ethnicity and religion > did not breach the relevant provisions of the BSA, the Open Narrowcast Code or the Open Narrowcast Standard in the nine other programs assessed by the ACMA. Proposed reform of the Anti-terrorism Standards The ACMA proposes to improve the regulation of (both open and subscription) narrowcasting television services by amending the Open Narrowcast Standard as well as the Broadcasting Services (Anti-terrorism Requirements for Subscription Narrowcasting Television Services) Standard 2008 (Subscription Narrowcast Standard) to prohibit content that is likely to advocate the doing of terrorist acts. The proposed amendment would extend the Open Narrowcast Standard and the Subscription Narrowcast Standard (together referred to as the Anti-terrorism Standards ) so that they prohibit the advocating or instructing of a terrorist act by including the words of section 9A of the Classification (Publications, Films and Computer Games Act) 1995 (Classification Act). This section of the Classification Act provides that material on the internet, in publication or in film, which advocates or instructs on the doing of terrorist acts, is classified as refused classification (RC). The proposed reforms are based on the ACMA s preliminary assessment that the Open Narrowcast Code, the Subscription Narrowcast TV Codes of Practice 2007 (the Subscription Narrowcast Code) and the Anti-terrorism Standards are not operating to provide appropriate community safeguards in respect of material of this kind. The 2 acma

7 reforms would also better align the regulation of broadcast material with material published elsewhere, including online. The alignment with the regulation of online material would enable licensees, content providers and viewers to better understand the scope of obligations in relation to terrorist related content provided in Australia. The ACMA welcomes written submissions from members of the public, narrowcasters and other interested persons regarding the proposal to amended standards. The closing date for submissions is 12 February Submissions should be sent by to: acma 3

8 Part 1: Introduction The ACMA commenced the investigation of Al-Manar Television content in this report under section 170 of the Broadcasting Services Act 1992 (BSA) on 21 January 2010, due to public concern about the Al-Manar Television service and its broadcast into Australia. Terms of reference On 4 February 2010, the terms of reference for the investigation were published on the ACMA website, and are as follows: 1. To assess a range of content using the available recordings of Al-Manar Television programming broadcast into Australia since December 2008, and review specific content of which the ACMA is aware or is made aware, to determine compliance with: a. the licence conditions applicable to broadcasting services provided under class licences and as set out in clauses 11(1)(b), 11(1)(c) and 11(3) of Schedule 2 to the BSA b. clauses 1.2 and 1.3 of the Open Narrowcast Television Codes of Practice 2009 (Open Narrowcast Code) c. the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2008 (Open Narrowcast Standard). 2. To make an assessment as to whether the provisions of the Open Narrowcast Code, the Open Narrowcast Standard and the obligations on the licensee within the BSA provide adequate safeguards for the community in relation to content which is assessed during the course of the investigation. 3. In undertaking the investigation, the ACMA may have regard to: a. community and industry standards b. international regulatory approaches c. relevant research d. specialist knowledge within the Commonwealth e. relevant Internet content regulation f. any other relevant matters. Submissions to the investigation With the publication of the terms of reference, the ACMA invited public referrals of specific content relevant to the investigation, calling for submissions to be made by 5 March The ACMA received two submissions during the course of the investigation, from: > a member of the public > the Australia Israel Jewish Affairs Council (AIJAC). The ACMA also notes material regarding the Al-Manar Television investigation from the Executive Council of Australian Jewry (ECAJ), dated 14 September 2009, which is available on ECAJ s website. 1 1 See 4 acma

9 Why the ACMA conducted the investigation/compliance assessment This investigation was in part prompted by continued community concern about the nature of programming broadcast on Al-Manar Television following Investigation Report 2158 (published in July 2009). 2 Investigation Report 2158 found references in some Al-Manar programming to a listed terrorist organisation (Hizbullah); however, no content assessed could reasonably be construed as directly recruiting people to join, or participate in the activities of, Hizbullah, or as soliciting funds for (or assisting in the collection or provision of funds for) Hizbullah. As a consequence, no breach of the Open Narrowcast Standard was found in that previous investigation. Notwithstanding this finding, the government asked the ACMA to continue to monitor this matter and to ensure that programs broadcast in Australia did not breach the Anti-terrorism Standards, relevant codes or licence conditions. Against this background, the AIJAC referred concerns about Al-Manar Television to the Minister for Broadband, Communications and the Digital Economy (the minister) in the second half of 2009, while the ECAJ made formal written submissions to the government and the ACMA on behalf of the community in September These approaches to government highlighted the nature of programming broadcast on Al- Manar Television and expressed concern that broadcasts possibly contained racial vilification and hate speech, as well as possible terrorism-related content. In response to these concerns, the ACMA announced a broad-ranging investigation into Al-Manar, including consideration of any specific complaints about content referred to the ACMA. 3 Regulatory requirements Al-Manar Television, as received in Australia, is an open narrowcasting television service. It is reported to have links to the Hizbullah organisation. Al-Manar Television is currently received in Australia via satellite on a fortuitous basis. The ACMA has jurisdiction under the BSA over broadcasts received in Australia, even if the programming originates in another country and is transmitted via satellite from overseas. Al-Manar Television broadcasts into Australia are regulated in accordance with the BSA, the Open Narrowcast Code and the Open Narrowcast Standard. The narrowcasting services category is based on definitions in section 17 and section 18 of the BSA. A service will be an open narrowcasting service if it is: > receivable in Australia > available freely > not 'made available only on payment of subscription fees (whether periodical or otherwise). 4 Open narrowcasting services are regulated under Australian law, even if a channel is targeted at a non-australian audience. There are many open narrowcasting services available via satellite in Australia. Sections 17 and 18 of the BSA indicate that the defining characteristic of a narrowcasting service is that its reception is limited in some way. Subsection 18(1) of the BSA provides that open narrowcasting services are broadcasting services: (a) whose reception is limited: 2 The investigation report is available at: 3 ACMA media release 18/ February ACMA to investigate Al-Manar TV. 4 See subsection 17(b) of the BSA. acma 5

10 i. by being targeted to special interest groups; or ii. by being intended only for limited locations, for example, arenas or business premises; or iii. by being provided during a limited period or to cover a special event; or iv. because they provide programs of limited appeal; or v. for some other reason; and (b) that comply with any determinations or clarifications under section 19 in relation to open narrowcasting services. For a service to qualify as open narrowcasting, it need only satisfy one criterion at subsection 18(1)(a) of the BSA. 5 The ACMA had regard to the above criteria in determining whether Al-Manar Television, as transmitted into Australia, was an open narrowcasting service and therefore subject to the provisions in the Open Narrowcast Code and Open Narrowcast Standard. In particular, subparagraphs 18(1)(a)(i) and 18(1)(a)(iv) of the BSA were considered to apply to the Al-Manar Television service for the following reasons: > 18(1)(a)(i) targeted to special interest groups The Al-Manar Television service (transmitted by an Indonesian owned and controlled satellite) is available to a 'special interest group' within Australia by being produced in Arabic and by targeting an Arabic speaking audience. The ACMA's Guidelines on Narrowcasting Services on Television state that 'a service comprised of programs which are predominately in a language other than English may appeal only to people who are fluent in that language, and may fall within the narrowcasting category for this reason. > 18(1)(a)(iv) the service provides programs of limited appeal In providing programs entirely in Arabic, targeted to that 'special interest group', the service is considered of limited appeal in Australia. In this respect, the service is considered an open narrowcasting service because its appeal is limited to that specific sector of the community who understand Arabic. Accordingly, Al-Manar Television is an open narrowcasting television service (and therefore subject to the Open Narrowcast Standard and the Open Narrowcast Code) because it meets key limiting criteria specified in paragraph 18(1)(a) of the BSA, and because it is an 'open' service provided on a non-subscription basis to persons with the appropriate reception equipment. Anti-terrorism Standards The ACMA determined the Anti-terrorism Standards under Part 9 of the BSA on 1 December The Open Narrowcast Standard, in respect of terrorist related material, provides that a licensee providing open narrowcasting television services must not broadcast programs that would be reasonably understood as: > directly recruiting a person to join, or participate in, the activities of a listed terrorist; or > soliciting or assisting in the collection or provision of funds for a listed terrorist. 5 Under section 19 of the BSA, the ACMA may determine additional criteria or clarify the existing criteria for the purposes of distinguishing between categories of services. There are no section 19 determinations in place for open narrowcasting television services. 6 Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2008 and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard acma

11 For the purpose of the standard, listed terrorist means: (a) a listed terrorist organisation within the meaning of the Criminal Code Act 1995; or (b) a proscribed person or entity listed in the Gazette by the Minister for Foreign Affairs pursuant to section 15 of the Charter of the United Nations Act As noted above, Al-Manar Television is considered to be an open narrowcasting television service subject to the Open Narrowcast Standard. Open Narrowcast Code The Open Narrowcast Code was registered by the ACMA in February Among other things, it sets out general guidelines for programming on an open narrowcasting television service and requires that content of program material is consistent with standards acceptable to the relevant audiences. Relevantly, the Open Narrowcasting Code provides that: > Clause 1.2 Narrowcasters will present accurate and fair news and current affairs programs and, where practicable, will ensure that: (a) factual material will be clearly distinguished from commentary, analysis or simulations; and (b) news or events are not simulated in a way that misleads or alarms the audience. > Clause 1.3 Narrowcasters will not broadcast programs which are likely to incite or perpetuate hatred against or gratuitously vilify any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, transgender status, HIV/AIDS status, religion, age, colour or disability. A narrowcaster may not broadcast a program which is likely in all the circumstances to seriously offend the cultural sensitivity of Aboriginal and Torres Strait Islander people or culturally and linguistically diverse communities in Australia. Relevant licence conditions under the BSA The licence conditions applicable to broadcasting services provided under class licences are contained in Part 7 of Schedule 2 to the BSA. The following licence conditions, among others, apply to the provision by a person of a broadcasting service under a class licence: > Clause 11(1)(b) The person who provides an open narrowcasting service must comply with program standards applicable to the licence under Part 9 of the BSA. The Open Narrowcast Standard is a program standard applicable to open narrowcasting television services. > Clause 11(1)(c) The person who provides the open narrowcasting service must not use the broadcasting service in the commission of an offence against another Act or a law of a State or Territory. > Clause 11(3) The person who provides the open narrowcasting service must not broadcast a program that has been classified RC or X 18+ by the Classification Board. Other regulation and offence provisions The ACMA has examined compliance by the Al-Manar Television service with Australian regulatory obligations under the BSA, clauses of the Open Narrowcast Code (including clause 3.4) and applicable sections of the Open Narrowcast Standard. acma 7

12 Compliance with relevant provisions of the Criminal Code Act 1995 and offences relating to racial hatred and vilification have been considered in relation to the applicable class licence conditions set out in Schedule 2 to the BSA. The relationship between Al-Manar Television and Hizbullah Al-Manar Television has publically reported links to the Lebanese Shi a political party and militia group, Hizbullah. 7 Hizbullah, as a whole or in part, is a listed terrorist organisation for certain purposes under Australian counter-terrorism and anti-terrorism law. It has been reported that Al-Manar Television is, either in part or substantially, funded by Hizbullah; that many of its prominent shareholders are Hizbullah party members 8 ; and that the service is used to promote the views of Hizbullah. 9 While the ACMA does not have any direct evidence of any relationship between it and Hizbullah, many public record sources point to a close and connected relationship between the organisations. 10 The ACMA notes that while the Al-Manar Television service provides a diverse range of programming formats, Hizbullah s viewpoint is strongly represented and promulgated on the Al-Manar Television service, particularly in the frequent, repetitive broadcast of political, martial, martyr memorial and religious programming. The ACMA s assessment of the Al-Manar Television service is consistent with the available research literature concerning Al-Manar Television in terms of the motifs and themes identified in the programming, including themes of resistance against Israel and a strong Hizbullah presence. The status of Hizbullah under Australian law Australia proscribes terrorist organisations under the Criminal Code Act 1995, and organisations and individuals under the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2008 (UN Charter Regulations). Hizbullah and a number of its associated entities are listed on Australia s terrorist lists, including: Hizbullah s External Security Organisation (ESO), Hizballah, Party of God; Islamic jihad; Islamic Jihad Organisation; Revolutionary Justice Organisation ; Organisation of the Oppressed on Earth; Islamic Jihad for the Liberation of Palestine; Organisation of Right against Wrong, Ansar Allah and Followers of the Prophet Muhammed. 11 In its submission to the investigation, AIJAC maintains that: Hizbullah is a Lebanese organisation proscribed as a terrorist entity by the US, Canada, Israel and the UN. The UK proscribes Hizbullah s External Security Organisation. 7 Baylouny, Al-Manar and Alhurra: Competing Satellite Stations and Ideologies; Baylouny, Not your Father s Islamist TV: Changing Programming on Hizbullah s Al-Manar, Arab Media and Society, Issue 9, Fall 2009; Avi Jorisch, Beacon of Hatred: Inside Hizballah's al-manar Television, Washington Institute for Near East Policy, United States Department of Treasury, Press Release, 23 March Accessed 17 May Baylouny, Al-Manar and Alhurra: Competing Satellite Stations and Ideologies; Avi Jorisch, Beacon of Hatred: Inside Hizballah's al-manar Television. 10 For example, see: Anne-Marie Baylouny, Not your Father s Islamist TV: Changing programming on Hizbullah s al-manar, Arab Media & Society, Issue 9, Fall 2009.; Dina Matar and Farah Dakhlallah, What it means to be Shiite in Lebanon: al-manar and the Imagined Community of Resistance, Westminster Papers in Communication and Culture, 2006, University of Westminster, Volume 3(2). p30; Paul Cochrane, Bombs and broadcasts: Al-Manar s Battle to stay on air, Arab Media & Society, February 2007; Assam Nasr, An Historical Perspective on Fundamentalist Media: The Case of Al-Manar Television, Global Media Journal, Volume 6, Issue 11, Fall 2007; Olfa Lamloum, Hezbollah s Media: Political History in Outline, Global Media and Communication, Volume 5(3): ; Maura Conway, Terror TV? An Exploration of Hizbollah s Al- Manar Television, Working Papers in International Studies, Centre for International Studies, Dublin City University, Working Paper 10 of 2008; Zahera Harb, Aiming at Liberation: Al-Manar Media Campaigns against the Israeli occupation of Southern Lebanon ( ), Middle East Journal of Culture and Communication, Volume 2 (2009) pp All are listed under the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2008 with the exception of the ESO which is listed under the Criminal Code Regulations acma

13 Australia also proscribes Hizbullah s External Security Organisation, describing the internal Hizbullah operation as a sanctioned resistance group. 12 The Commonwealth s national security website provides the following information about Hizbullah s ESO: ESO constitutes a distinct terrorist wing within Hizballah s structure. Since entering the Lebanese Parliament in 1992 and the Government in 1995, Hizballah has sought to strengthen its public image as a respected resistance movement and lessen its reputation as a terrorist group Hizballah is committed to armed resistance to the state of Israel and aims to liberate all Palestinian territories and Jerusalem from Israeli occupation. Hizballah actively promotes terrorist attacks in the Palestinian arena to reduce the possibility of agreements or accords between Palestinians and Israel. Ultimately, Hizballah aims to create a Shia Islamic state in Lebanon and remove all Western and Israeli influences in the region. Given its close links to Iran and Syria, ESO has the capability to execute its terrorist objectives. Hizballah uses a separate terrorist arm to conduct attacks and accordingly, recent terrorist activity generally attributed to Hizballah is likely to have been conducted by ESO, either wholly or as a major contributor. 13 The Criminal Code list The Attorney-General administers the Criminal Code list. Hizbullah s ESO was listed in Australia on 5 June It was re-listed on 5 June 2005, 25 May 2007 and on 15 May The ESO is a clandestine organisation of which little is known, due to the secrecy surrounding much of its operations. 15 The government has provided historical and political information about the ESO on the website, alongside information on the other 18 terrorist organisations now officially listed. The Charter of United Nations Act list The Minister for Foreign Affairs and Trade administers the Charter of the United Nations Act list. The list relates to Australia s obligations with respect to the suppression of terrorist financing imposed by the United Nations on member states and those states are to determine for themselves who such persons and entities are. The Commonwealth Government provides the following information on the asset freezing regime: On 28 September 2001, in response to the 11 September terrorist attacks in the United States, the UNSC adopted resolution 1373 (2001), imposing a series of obligations on UN Member States to suppress terrorism. Sub-paragraph 1(c) of resolution 1373 obliges Member States to: Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities Australia implements resolution 1373 through Part 4 of the Charter of the United Nations Act 1945 ( the Act ) and through regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 ( the 2008 Regulations ). The Minister for Foreign Affairs must list a person or entity on a case-by-case basis if he or she is satisfied that the person or entity is associated with terrorism as described in sub 12 Australia/Israel Jewish Affairs Council submission to the ACMA, March pp See 14 See f_terrorism_organisations_hizballah_external_security_organisation. 15 See acma 9

14 paragraph 1(c) of resolution These names are listed in the Commonwealth Gazette and it becomes a criminal offence to deal with their assets or to make assets available to them. These names are also included on DFAT s Consolidated List. 16 This Consolidated List includes the Hizbullah organisation in its entirety, and its aliases listed above. 16 See Accessed 29 April acma

15 Part 2: Al-Manar Television Investigation and assessment methodology Al-Manar Television service Transmission, reception, programming The Al-Manar Television service is reported to have begun broadcasting in Lebanon in 1991, with its first broadcast via satellite in Al-Manar Television s stated objectives are as follows: The Channel approaches Arabs and Muslims all over the world with an open unifying speech. It assumes objective policy motivated by the ambitions of participation in building better future for the Arab and Muslim generations by focusing on the tolerant values of Islam and promoting the culture of dialogue and cooperation among the followers of the Heavenly religions and human civilizations. It focuses on highlighting the value of the human being as the centre of the Godly messages which endeavour to save his dignity and freedom and develop the spiritual and moral dimensions of his personality. Al-Manar avoids cheap incitement in dealing with developments and activities, and it stresses objectively on the adoption of the fair and just causes of the whole nation. Al-Manar was able in a very short period to occupy a leading post among the other Arab satellite stations and to draw a large number of Arab viewers inside the Arab world and in the countries of immigration, and it became the true reflection of what each and every Muslim and Arab thinks and believes in. Al-Manar is an active member of the Arab states broadcasting union, part of the Arab League. 18 Transmission of the Al-Manar Television service The ACMA has confirmed that the Al-Manar Television service is being carried by an Indonesian owned and controlled satellite, PT Indosat Tbk (PT Indosat). The satellite company advised the ACMA that it is an Indonesian based company that provides telecommunication services, including transponder lease services, to its customers. 19 PT Indosat also confirmed that it provides transponder services to Al-Manar pursuant to a commercial arrangement. 20 The licensee advised that Al-Manar leases satellite services from PT Indosat. 21 During the investigation, PT Indosat Tbk also confirmed that: Al-Manar is transmitted on the Global beam in Palapa-D satellite based on the available capacity at the start of the transmission which was previously transferred from Palapa C satellite. [Al-Manar] is no longer transmitted from the Palapa C satellite since the operation of Palapa C was took over by Palapa D satellite. 22 PT Indosat advised the ACMA that the Palapa D satellite was launched on 27 December Anne Marie Baylouny, Al-Manar and Alhurra: Competing Satellite Stations and Ideologies, George C Marshall European Center for Security Studies, September 2005; Avi Jorisch, Beacon of Hatred: Inside Hizballah's Al-Manar Television; Dina Matar and Farah Dakhlallah, What it means to be Shiite in Lebanon: Al-Manar and the Imagined Community of Resistance, Westminster Papers in Communication and Culture, 2006, University of Westminster, Volume 3(2). p See accessed 24 February Letter from PT Indosat Tbk, dated 16 July Letter from PT Indosat Tbk, dated 16 July Letter from Lebanese Communication Group, dated 12 July Letter from PT Indosat Tbk, dated 16 July acma 11

16 Reception of the Al-Manar Television service The Al-Manar Television service is not encrypted and is capable of being received in Australia by satellite dish on a frequency in the C-band. The frequency for reception can be obtained from the Lyngsat website and other websites. 23 The Lyngsat website records Al-Manar Television as one of seven free television services (together with several encrypted television services) carried on the Palapa D satellite. 24 As noted above, PT Indosat provides satellite transponder lease services for broadcasting and telecommunications applications. The service provided to Al-Manar Television involves rental of a specified bandwidth on the Palapa D satellite. Satellite coverage spans India, Australia and Papua New Guinea. 25 Al-Manar Television provides the television program material or content stream, while Indosat delivers that channel of program material via satellite and unaltered. This channel is received by persons having equipment appropriate for receiving that service, using satellite direct-to-home (DTH) facilities. During the course of the ACMA investigation, both the licensee and PT Indosat confirmed that PT Indosat Tbk does not have the right to repackage or reformat the program stream provided by Al-Manar Television in order to insert local advertising or program promotions tailored to local audiences, or vary program schedules. Further, the licensee stated that the Al-Manar Television channel does not vary between regions receiving its transmission from Lebanon. 26 In summary, the Al-Manar Television signal is a single feed which is the same across the territories in which the Al-Manar Television service is received. 27 Al-Manar Television programming The Al-Manar Television service broadcasts a variety of program formats, including news and current affairs, children s programs and drama programs. The Al-Manar service regularly broadcasts religious programs, some of which feature Shi a and Sunni Muslim clerics and scholars, instructing followers of the Muslim faith in various aspects of religious life. The service is comprised of other religious programming, such as interstitials, sermons, prayers and Hadith. 28 The service broadcasts dramatised historical programs and documentaries containing a variety of themes, such as an historical docu-drama about the formation of the State of Israel. The Al-Manar Television service broadcasts programming that is political in nature, including martyr memorial programming and martial programming, such as patriotic songs and images of Hizbullah martyrs; political programming, such as speeches by Hizbullah leaders and persons of significance; and other political interstitial programming, such as graphics and images, which support the Hizbullah opposition to Israel. For example, graphical representations of the State of Israel s flag breaking into small pieces or short interstitial programs featuring statements made by Hizbullah martyrs were common motifs in the programming reviewed. The service broadcasts programming which is supportive of Hamas and the Palestinian resistance against The other free services are Lejel Home Shopping, Metro TV (Indonesia), Jak TV, TV Anak Space Toon, NHK World TV and U channel. 25 See Indosat website: 26 Letter from Lebanese Communication Group, dated 12 July Letter from licensee dated 12 July A hadith is a [R]eport of the words and deeds of Muhammad and other early Muslims; considered an authoritative source of revelation, second only to the Quran (sometimes referred to as sayings of the Prophet). Hadith (pl. a hadith; hadith is used as a singular or a collective term in English) were collected, transmitted, and taught orally for two centuries after Muhammad's death and then began to be collected in written form and codified. They serve as a source of biographical material for Muhammad, contextualization of Quranic revelations, and Islamic law. Excerpt sourced from Oxford Islamic Studies online, accessed 22 April acma

17 Israel, including broadcasting martial programming, political programming and advertisements for Palestinian charities. The Al-Manar Television service also broadcasts advertisements, the majority of which are for two charities, Al-Emdad (also known as the Al Khomeini Charity Fund) and the Palestinian Martyrs Fund. Advertisements for skin and haircare products as well as advertisements for beverages are also broadcast. The Al-Manar Television service broadcasts non-veiled women in many programs, although most female presenters of programs wear a hijab 29 and jilbab. 30 Current affairs programming often incorporates a plurality of perspectives, including programs on issues affecting young people, women and society generally. The ACMA found that during periods of national and regional significance, including periods of religious and political significance, such as Ashura 31 (December 2009), Martyrs Day 32 (November 2009) and the release of the political manifesto (November/December 2009), broadcasts on the Al-Manar Television service repeated programming with recurring themes and motifs associated with those religious or political occasions. For example, around the time of the Martyrs Day speech on 11 November 2009, the ACMA noted that a large volume of martyr memorial and martial programming was broadcast on 15, 17 and 23 November Excerpts of the speech were repeated as interstitials. The speech was discussed in news and current affairs programs. Overall methodology for the investigation and selection of content for assessment The ACMA is an evidence-informed regulator. In addition to drawing on its own experience in overseeing the regulatory framework for narrowcast television the ACMA assessed selected Al-Manar Television program material broadcast into Australia between December 2008 and January In accordance with the terms of reference, the ACMA s selection methodology involved three broad categories of Al- Manar Television programming: 1. daily programming 2. content referred to the ACMA via the minster s referral or public submissions 3. material selected at times of geopolitical interest. As described above, the material reviewed indicated that the Al-Manar Television service is comprised of a broad variety of programming and is dynamic, in the sense of appearing to be responsive to the concerns of the day, especially during periods of national and regional significance. Nature of programs scrutinised more closely From the three categories of programming above, the ACMA selected particular Al- Manar Television programs for full translation and a more detailed assessment against Australian broadcasting regulatory obligations. In doing so, and in the absence of a complaint about specific Al-Manar content, the ACMA: 29 The Macquarie Dictionary defines hijab as the traditional Islamic headscarf worn by women, which covers the hair, neck and shoulders. 30 The Macquarie Dictionary defines jilbab as a long loose-fitting coat or garment as worn by some Muslim women. 31 Ashura marks the tenth day of the Muslim month of Muharram, and is commemorated as the anniversary of the martyrdom of Imam Hussein at Karbala. This event is central to the core identity of Shi a Muslims. 32 This annual speech commemorates the anniversary of the first Hizbullah suicide bomber, Ahmad Qassir. On 11 November 1982 Qassir drove a bomb-laden vehicle into the Israeli military headquarters in Tyre killing 141 people (75 Israelis and others, including Lebanese prisoners). 33 The regulatory framework is set out in relevant licence conditions, the Narrowcasting Television Code of Practice and the Anti-terrorism Standard acma 13

18 > Only considered content known to have been broadcast into Australian territory via the PT Indosat satellite. Selections were made from each of the three categories of content on the basis of the availability of those broadcasts within the ACMA s recordings of Al-Manar Television. > Only considered material broadcast after 1 December 2008, so current regulation applies. > Undertook a general review of the selected content with a view to identifying and isolating material which it then assessed against the regulatory framework. > Focused on material which contained references to, or depicted, Hizbullah and its motifs, leaders and fighters. In taking this approach, the ACMA was able to be certain: > of the source of the material > that the material was broadcast into Australian territory > the material could be independently translated by the ACMA s translator. Programming material selected for translation and assessment by the ACMA is set out in the table below. Table 1 Programming material selected for translation and assessment by the ACMA Date of broadcast 26 December December th day of Ashura 15 December 2009 Advertisement 15 December 2009 Interstitial 1 December 2009 Manifesto speech 17 November November November March February 2009 Program 8th day of Ashura Drama program Current affairs Current affairs Children s program Current affairs Description Speech given by the Secretary-General of Hizbullah, Sayyid Hassan Nasrallah. Speech given by the Secretary-General of Hizbullah, Sayyid Hassan Nasrallah. Donation for al-emdad charity. 15 December 2009 Interstitial Our Dignity is Attributed to Martyrdom. Message to resistance fighters. Martyr memorial of Jihad Malek Hammoud. We Want Lebanon Strong and United. Speech given by the Secretary-General of Hizbullah, Sayyid Hassan Nasrallah. Syrian-produced drama series. Youth. Presenter discusses social networking sites with viewers. Ma a Al Mushahideen (With the Viewer). Presenter discusses the war in Yemen with viewers. What is it? Children explaining their illustrations. With the Event. Presenter discusses Islamic and Christian Holy sites with guest. Material referred from the minister and material contained in the submission of the Australia-Israel Jewish Affairs Council (AIJAC) In October 2009, the minister referred material to the ACMA for consideration. The material was provided to the minister by AIJAC in August The material is comprised of a list of video clips and transcripts collected and translated by the proprietors of the website known as MEMRITV. The material includes a list of 14 clips 14 acma

19 of content allegedly broadcast by the Al-Manar service between 29 May 2001 and 6 February The clips appear to be hosted online by the MEMRI organisation on its MEMRITV website ( 34 The ACMA has been unable to confirm that this material was broadcast into Australian territory. The investigation reviewed a selection of specific content of which the ACMA was made aware by the minister and specific content referred to it by AIJAC in its submission to the investigation. AIJAC s submission to the investigation AIJAC also made a separate submission to the investigation. The submission contains, among other things, excerpts of material allegedly broadcast by Al-Manar Television in the Middle East. The ACMA notes that the majority of the excerpts have been sourced from MEMRITV. The material comprises a list of excerpts allegedly broadcast by Al-Manar Television between December 2008 and 25 December There was an overlap between the material contained in AIJAC s submission and the material referred by the minister. MEMRITV as the source of the referred material MEMRITV is operated by the Middle Eastern Media Research Institute. 35 The MEMRI organisation is known to be a partisan Washington-based think-tank. During the course of the investigation, the ACMA wrote to MEMRITV regarding the source of its material. MEMRITV subsequently confirmed in writing that: [..] we receive and record Al-Manar TV using terrestrial satellite receiving equipment at our Jerusalem office. We receive and record through Arabsat (aka Badr) satellite, as well as through Nilesat. [..] we receive Al-Manar on Nilesat (frequency , Polarisation Vertical, Symbol rate 27500) and on Arabsat/Badr (frequency 11823, polarisation vertical, symbol rate 27500). 36 In relation to the translation of the material, the MEMRI organisation confirmed that: MEMRI staff translated the material from Arabic to English. MEMRI staff created the English subtitles contained in the material. MEMRI staff created the English transcripts of the material. The source of the material was our recording of Al-Manar TV via satellite television. MEMRI s Jerusalem office hosts our MEMRITV monitor project, which monitors Al-Manar. 37 The ACMA asked MEMRITV for information on its knowledge of Al-Manar s uplink arrangements from Lebanon, specifically whether Al-Manar Television broadcasts a single broadcast stream or multiple broadcast streams of its programming. The purpose of seeking this information was to determine whether the programming stream uplinked by Al-Manar Television to Arabsat or Nilesat from Lebanon was the same material which Al-Manar Television uplinks to Indosat. MEMRITV confirmed that: In general, I have no knowledge of Al-Manar s uplink arrangements. However, I doubt that Al-Manar TV uses multiple signals. There are Lebanese (and other) TV channels 34 The Middle Eastern Research Institute (MEMRI) is a Middle Eastern press monitoring organisation. Its headquarters are located in Washington DC, with branches in Jerusalem, Berlin, London, Rome, Shanghai and Tokyo. MEMRITV provides a free source of English language translations of material published in Arabic and Persian script, and publishes its analysis and reports on its website. Source: 35 See which describes MEMRI in the following terms: The Middle East Media Research Institute (MEMRI) explores the Middle East through the region s media. MEMRI bridges the language gap which exists between the West and the Middle East, providing timely translations of Arabic, Persian, Urdu- Pashtu, and Turkish media, as well as original analysis of political, ideological, intellectual, social, cultural, and religious trends in the Middle East. Founded in February 1998 to inform the debate over U.S. policy in the Middle East, MEMRI is an independent, nonpartisan, non profit, 501(c)3 organization. MEMRI s headquarters is located in Washington, DC with branch offices in London, Rome, Jerusalem, Baghdad, Shanghai and Tokyo. MEMRI research is translated to English, French, Spanish, German, Italian, Polish, Russian, Chinese, Japanese, and Hebrew. 36 from MEMRITV dated 23 March from MEMRI dated 11 March acma 15

20 that use multiple signals, and when they do, they indicate this. You can see this, for instance, in the list of free-to-air Lebanese channels on the Internet: Here, you can clearly see that LBC TV is, in fact, LBC America, LBC Australia, LBC Europe, and LBC sat. Another example is Future TV. If you go to the future TV website ( and click on schedule, you are asked to chose which grid you would like to watch: Satellite (Middle East & North Africa) America & Australia, News Channel, or Terrestrial. In this case, there are multiple signals. But on Al-Manar TV website ( they offer a choice only between what they call local station (which is their terrestrial signal) and what they call SAT station (which is satellite). I am not aware that anyone ever claimed that Al-Manar uses multiple satellite signals and I have seen no indication of that. 38 Consolidation of referred materials On the basis of the information received from MEMRITV and due to overlap in the referred material, the ACMA made its selection of programming from the referred materials based on available material pre-recorded by the ACMA from Indosat and known to have been broadcast into Australia during the relevant period covered by the terms of reference. Context and significance of key events covered by Al-Manar Television programming The investigation reviewed a selection of Al-Manar Television programming which related to specific significant events in Lebanon during the period under review, such as speeches of significance made by Hizbullah leaders. Reviewing material on the basis of key speeches and events assisted the ACMA to establish whether these events had any impact on shaping the nature of Al-Manar Television programming and the degree to which Al-Manar Television programming is static or dynamic in terms of the type of content that it produces. The selected material (detailed in the table above) was drawn from the ACMA s stock of available pre-recorded Al-Manar Television programming material. In addition, reliable data, research and analysis, including: an analysis of the previous investigations into Al-Manar Television, related print and online media; desk research; plus the ACMA s commissioned research on the International Regulatory Approaches to Al-Manar Television and terrorism-related content and Key Events in Lebanese Politics December 2008 January 2010 and the Role of Hizbullah, were considered during the course of the investigation to establish specific significant events in Lebanon during the period under review. 38 from MEMRITV dated 23 March acma