Special Tribunal for Lebanon Issues Contempt Judgment Against TV Station Employee (September 18, 2015) [1]
On September 18, 2015, the Special Tribunal for Lebanon issued a contempt judgment [3] in the case against Al Jadeed Co. and Ms. Karma al Khayat. The case concerned a series of TV episodes broadcast by Al Jadeed TV and published on its website, which purported to reveal the identities of confidential witnesses before the Tribunal. Judge Lettieri pointed out that this case was the first time “in the history of international criminal justice in which a legal person is accused of a crime.” Both defendants had been charged with “knowingly and wilfully interfering with the administration of justice” by airing the episodes in question and “thereby undermining public confidence in the Tribunal’s ability to protect the confidentiality of information about, or provided by, witnesses or potential witnesses.” A second count was based on the failure to remove the episodes from the website, “thereby violating the 10 August 2012 Order of the Tribunal’s Pre-Trial Judge in this respect.” The judge found that although it was possible to correctly identify three individuals from the TV episodes, she could not objectively assess any damage to the Lebanese public’s level of confidence in the Tribunal’s work. With regard to the second charge, the judge held that Ms. Khayat had been responsible for the internet availability of the episodes and had failed to remove them after receiving a cease-and-desist order from the Tribunal, and thus found her in contempt the Tribunal’s order. Addressing the corporate defendant, the judge noted that it could not be found guilty since there was no criminal conduct of a specific authorized employee, manager or director that could be attributed to Al Jadeed.