Proposed Jordanian cybercrime law would severely restrict freedom of expression, freedom of speech and access to information

The revised cybercrime law that is currently being discussed in the Jordanian parliament is intended to combat fake news, hate speech and defamation online. The law that revokes the previous cybercrime law from 2015, is a lot stricter than its precedent. Those who are responsible for the implementation are intended to be carried out by the Prime minister and other cabinet members. There is no specific ministry or official entity allocated to carry this out. Several human rights organizations and other actors have raised serious concerns, claiming that the law violates freedom of speech, compromises the right to anonymity for internet users and grants too much power to the executive through its vague language.

Language is widely interpretable

In a joint statement, organizations demand the withdrawal of the law that consists of 41 articles. In several of those articles, the language is vague and imprecise, leaving the judgment to the authorities. The law for example criminalizes the spreading of “fake news,” “promoting, instigating, aiding or inciting immorality” or “undermining national unity” online. This violates international law, which requires legal text to be specific enough in order that individuals can adapt their behavior accordingly.

High fines could lead to self-censorship

Furthermore, the new law is targeting individual social media users, threatening them with exorbitant fines or even a prison sentence. Article 15 for example punishes “anyone who intentionally sends, resends, or publishes data or information containing false news, libel, defamation, or slander against any person via the internet, IT networks, information systems, websites, or social media platforms.” Anyone who violates this article will either be fined at least 20,000 Jordanian dinar or three months of imprisonment. The severe fines, that reach in some articles 70,000 Jordanian Dinars, could act as a deterrent, and most probably lead to self-censorship among the population, therefore further limiting freedom of expression.

Law criminalizes the use of VPNs

Additionally, a violation of human rights is Article 12, which charges individuals with a fine of at least 2,500 Jordanian Dinars or a six-month prison sentence if they circumvent their IP address in the intent of committing a crime or preventing the discovery of a crime. This can include the use of VPNs, proxies and Tor. This restriction of the anonymity of the internet contradicts international law standards.

In a 2015 report the Special Rapporteur on FOE stressed that anonymous speech is highly relevant for human rights defenders, journalists and protestors. Encryption and Anonymity must be protected, in order that individuals can exercise their right to freedom of expression and opinion in the digital age. Any ban of anonymous communications during protests is an unjustified restriction to the right to freedom of peaceful assembly and therefore violates the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), both of which were ratified by Jordan.

The ICCPR states that the freedom of opinion and the freedom of expression is absolute and can only be limited in certain exceptions. Nevertheless, the new cybercrime law stands contrary to these principles.

Journalists and government officials raise concerns

Journalists have raised the alarm over the new cybercrime law, as it sets up further barrels in their work. Journalists often engage online with a VPN to get around government blocks, contact informants or to do research anonymously.

“As someone who has reported from Jordan for local and international publications for the last 16 years, I urge authorities to reconsider this law and its broad impacts not only on the media in Jordan but the ability of Jordanians’ views and perspectives to reach the rest of the world,” told Amman-based journalist Taylor Luck The New Arab.

Also several ministers, government officials and MPs have raised concerns about the law. MP Hassan Al-Riyati described named the law a “coup against democracy in Jordan.”

Due to the open terminology in the law, the minister of Digital Economy and Entrepreneurship, Ahmad Hanandeh, is stating that “there is not one article in the new law that restricts freedom.”

However, the open terminology gives power to the executive authorities to possibly further restrict the freedom of Speech of Jordanians and their access to social media. Human Rights watch also highlighted the deterioration of the freedom of expression in Jordan in a report earlier this year. They found that cases where Jordanian authorities used vague criminal laws to restrict free speech increased in previous years.

Stance of the ACHRS

Given this background, the new cyberlaw that is currently being discussed in Jordan is concerning. The ACHRS joins all actors in condemning this new bill. The revised law would severely and further restrict the Jordanians right of freedom of speech, freedom of expression and their right to access to information. Moreover, it would seriously restrict the highly relevant work of journalists, human rights defenders and protestors. The ACHRS demands the Jordanian government to withdraw the bill before its implementation to hinder the further deterioration of human rights in Jordan.

To combat fake news and hate speech on the internet in the future, alternative solutions are needed. The ACHRS suggests that the Jordanian government should reconsider the value of its freedom of expression and freedom of speech. We believe that Freedom of expression is of a great significance for the advancement towards democratic values and a more open and pluralist society.