Comments
On March 8, 2016, the Appeals Panel for the Special Tribunal for Lebanon issued a judgment reversing the conviction of Ms. Karma Al Khayat and affirming TV station Al Jadeed’s acquittal on charges of contempt of court. According to the press release, the “case concerned the broadcast of five episodes, regarding purported confidential Tribunal witnesses, by Al Jadeed TV in Lebanon in August 2012, and their online availability in violation of an Order issued by the Pre-trial Judge on 10 August 2012.” Al Jadeed and Al Khayat, who was the station’s Deputy Head of News and Political Programs at the time, were charged with two counts of contempt of court “for knowingly and wilfully interfering with the administration of justice.” The Appeals Panel ruled that the broadcasts had not “undermin[ed] public confidence in the Tribunal’s ability to protect the confidentiality of information about, or provided by, witnesses or potential witnesses,” as “even if the Contempt Judge had taken [the witnesses’] undermined confidence into account, there would have still been insufficient evidence to prove that it was objectively likely that the public’s confidence in the Tribunal was undermined.” The Panel further found that “given that the actus reus element of undermining public confidence has not been established,” the arguments regarding Al Khayat’s mens rea and “the issue of attributing liability for the criminal acts to Al Jadeed, as a legal person” are moot. Regarding the online availability of the episodes, the Panel ruled that the pre-trial judge mistakenly found “beyond reasonable doubt, Ms Al Khayat’s receipt of the email attaching the 10 August 2012 Order,” and thus reversed her conviction on this count.