Reforming the Legal Framework and Prohibiting Hate Speech and Incitement to Violence are the First Tasks of the New Syrian State
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Damascus – The Syrian Network for Human Rights (SNHR) issued a report titled The Role of Journalism in the Transitional Justice Process in Syria after Years of Repression and Intimidation. The report highlighted the pivotal role that media outlets can play in supporting transitional justice in the country.
The report presents SNHR’s vision of the diverse roles that journalism can play in this process, with a particular focus on its core functions of uncovering the truth and countering the culture of denial. It also discusses the structural challenges hindering media work in Syria at the legislative, institutional, and societal levels, and proposes practical solutions to enable the media to play an active role in documenting crimes, promoting accountability, and supporting reconciliation efforts.
This complementary vision is based on the basic vision for the path of transitional justice, issued by the network on April 17, 2025, in addition to the political vision for achieving pluralism and participation, issued on March 6, 2025.
In this context, Fadel Abdulghany, Executive Director of the Syrian Network for Human Rights, says:
“For the past fourteen years, the media has been the lung of truth through which the issues of Syrian victims have breathed, and their window to the world. At every stage of the Syrian tragedy, journalists—professionals and citizens alike—have stood on the front lines, documenting with their blood what international mechanisms have sometimes failed to document.
We at the Syrian Network for Human Rights consider media work a strategic partner in the transitional justice process. Without the efforts of media professionals, thousands of violations would have been forgotten and denied. As a human rights organization, we would not have been able to achieve the level of documenting and cataloging of violations we have without a genuine partnership with the media community.”
The report highlighted the grave dangers faced by journalists during the years of conflict, including arrest, torture, and murder, in both regime-held and armed opposition-controlled areas. According to the network’s data, the following incidents were documented between March 2011 and June 2015:
- 725 media workers were killed, including 7 children, 6 women, and 9 foreign journalists. 559 of them were killed by Assad regime forces.
- At least 486 media workers remain forcibly disappeared, including 9 women and 17 foreign journalists. 392 of these disappearances were perpetrated by Assad regime forces.
Media and Transitional Justice
This report presents a theoretical framework for the concept of “transitional media,” as an essential tool that contributes to supporting transitional justice processes in the aftermath of conflicts or the collapse of authoritarian regimes. This concept is highlighted in two main dimensions:
First: The Transformation of Journalism’s Role in Post-Conflict Contexts
The report highlights the radical transformations journalism undergoes with the dismantling of repressive apparatuses and the collapse of censorship, as media institutions begin to liberate themselves and strive for credibility. This transformation is manifested through three main axes:
- The sudden opening of the public sphere: The end of the conflict allows for the emergence of independent media outlets seeking to gain public trust.
- The use of digital technologies: Journalism relies on low-cost digital tools to transmit and verify news, and citizen journalism emerges as a key player in covering marginalized areas.
- The development of a rights-based discourse: Transitional media plays a prominent role in exposing violations, conveying and documenting victims’ testimonies, and shaping a comprehensive national narrative in the post-conflict phase.
Second: The Role of the Press in Transitional Justice Mechanisms
The report indicates that the independent press plays a pivotal role in supporting transitional justice processes, serving as an effective tool for conveying the truth and holding power accountable. This role is manifested in four main functions:
- Highlighting the work of truth and reconciliation commissions: The media covers the activities of these commissions and conveys the testimonies of victims and perpetrators to the public.
- Exercising oversight of the judicial system: Through transparent coverage of trials, the media contributes to strengthening public trust in the judicial system and reduces the potential for political manipulation.
- Building a unifying national narrative: The press contributes to creating a public discourse that transcends divisions and confronts hate speech and violence.
- Preserving collective memory: Through the systematic documentation of violations and testimonies, the press supports the construction of a national memory that can later be utilized in judicial and educational processes.
The Role of Media in Supporting Transitional Justice in the Syrian Context
According to the report, the media plays a vital role in promoting transitional justice in Syria through five key areas:
- Preserving National Memory: Journalists can access confidential documents to document violations, supporting the creation of a national archive that prevents the suppression of truth.
- Monitoring Justice: The media plays a vital oversight role during the process of rebuilding judicial institutions by following up on cases, exposing shortcomings, and reinforcing the principle of no impunity.
- A Platform for National Dialogue: Professional media provides a safe space for exchanging viewpoints and shaping a comprehensive national narrative that transcends sectarian and regional divisions, contributing to advancing major issues such as constitution drafting and national reconciliation.
- Guardian of Emerging Democracy: The media supports the consolidation of a human rights culture and counters attempts to reinstate authoritarianism by highlighting the suffering of victims and raising public awareness.
- Countering Denial: Independent media confronts attempts to justify or deny crimes by dismantling misleading official narratives and providing professional documentation that strengthens transitional justice processes.
Challenges and Solutions: Post-Authoritarian Media in Syria
This report addresses the complex challenges facing Syrian media in the post-authoritarian era, challenges that threaten its independence and limit its ability to support transitional justice. These challenges include:
- A worrying legal vacuum: The absence of clear legislation guaranteeing media freedom and criminalizing the justification of crimes and hate speech opens the door to political manipulation and indirect pressure.
- Weak infrastructure and limited funding: The media suffers from a legacy of institutions weakened by corruption and war, and a lack of resources necessary for content development and ensuring professional independence.
- Societal divisions: The war and some media outlets have fueled sectarian and regional rhetoric, undermining public trust in the media and weakening the prospects for building an inclusive media that serves national reconciliation.
In contrast, the report proposes a roadmap for addressing these challenges through a set of practical solutions:
- Establishing a Balanced Legal Framework:
- Drafting new laws that guarantee freedom of expression and prohibit hate speech and incitement to violence.
- Leveraging international standards, such as Article 20 of the International Covenant on Civil and Political Rights.
- Overcoming repressive laws that have hampered the media for decades.
- Building Independent Media Capacities:
- Establishing partnerships with international organizations to provide training in digital investigative journalism (OSINT).
- Developing a media code of ethics that defines clear ethical principles for journalistic coverage.
- Allocating financial grants to support independent media outlets and protect them from political pressure.
- Cultivating a Culture of Justice in Public Awareness:
- Launching media campaigns in cooperation with civil society organizations to promote a culture of accountability and reject revenge.
- Supporting dialogue programs that bring together diverse segments of Syrian society to foster national reconciliation.
- Developing a System to Combat Misinformation:
- Establishing mechanisms to monitor and refute hate speech, rather than simply preventing it.
- Training journalists to verify news and digital content, especially that disseminated through social media.
- Placing victims at the heart of media coverage:
- Adopting a “victims first” policy that prioritizes telling their stories and respecting their dignity.
- Restructuring official media to become independent and funding it through national and international funds.
- Building bridges of cooperation between the media and judicial bodies to ensure the accuracy of information and prevent the manipulation of narratives.
Conclusion
The report emphasizes that the role of a free press is not limited to reporting the news, but rather constitutes an active element in the struggle to uncover the truth and achieve justice. As Syria enters the post-authoritarian era, the media has a historic opportunity to be a key partner in building a new society based on accountability, justice, and reconciliation.
The report argues that the media’s assumption of this pivotal role cannot happen automatically; rather, it requires a careful approach to addressing legal, institutional, and societal challenges through the adoption of a clear vision that prioritizes freedom of expression, combats the distortion of facts, and establishes an independent and professional press. In this way, the media becomes a guardian of collective memory, a monitor of justice, and a fundamental pillar in the path of democratic transition.
