Human rights organizations are calling on the Libyan House of Representatives to immediately repeal the Anti-Cybercrime Law, which was issued on September 27, 2022. The law has sparked concerns over its impact on fundamental human rights, including freedom of expression, opinion, and peaceful assembly. The organizations argue that the law undermines these rights and allows for warrantless surveillance and censorship. The law was ratified on October 26, 2021, and came into force without prior notice or consultation with civil society organizations.
The Anti-Cybercrime Law grants extensive discretionary powers to the National Information Security and Safety Authority (NISSA) to censor online content and block access to websites. Article 7 of the law allows NISSA to censor anything that disseminates prejudices or ideas that may "undermine the security of the society and its social peace." Human rights organizations argue that this provision is too broad and ambiguous, violating international human rights standards. The organizations also point out that the law's drafting process did not include stakeholder dialogue and engagement.
The law's provisions have been criticized for their ambiguity and potential for abuse. Article 4 states that internet use is legal only if it respects "public order and morality," while Article 8 requires NISSA to block access to websites containing materials that are "contrary to public morality." Human rights organizations argue that these provisions could be used to restrict freedom of expression and opinion. The organizations also point out that the law's penalties, including prison and financial sanctions, are harsh and disproportionate.
The Anti-Cybercrime Law has also been criticized for its impact on journalists and the press. Articles 13 and 47 of the law relate to interference and interception and unlawful wiretapping, respectively. Human rights organizations argue that these provisions threaten journalists' rights to access information and communicate with sources. The organizations also point out that the law's ambiguity could be used to restrict the public's access to information through a free press.
The Libyan House of Representatives did not publicly share the law until a few days after it came into force, when it was posted on its Facebook page. Before this, it was only available as a leaked draft on social media. Human rights organizations have expressed concerns over the lack of transparency and consultation in the law's drafting process. The organizations have also called on the Libyan authorities to respect the country's international commitments, including the International Covenant on Civil and Political Rights.
The UN Special Rapporteurs have also expressed concerns over the Anti-Cybercrime Law. In a joint communication sent on March 31, 2022, they highlighted that any censorship of electronic content should be carried out within a defined framework, following an independent and impartial judicial authority's decision. The rapporteurs also noted that states should refrain from monitoring online content and activity. Human rights organizations have welcomed the Special Rapporteurs' concerns and called on the Libyan authorities to take heed.
In conclusion, human rights organizations are urging the Libyan House of Representatives to repeal the Anti-Cybercrime Law due to its concerns over its impact on fundamental human rights. The law's ambiguity and potential for abuse have sparked concerns over its impact on freedom of expression, opinion, and peaceful assembly. The organizations call on the Libyan authorities to respect the country's international commitments and to prioritize the protection of human rights.
Key points
- The Anti-Cybercrime Law grants extensive discretionary powers to the National Information Security and Safety Authority (NISSA) to censor online content and block access to websites.
- The law's provisions have been criticized for their ambiguity and potential for abuse, violating international human rights standards.
- Human rights organizations are calling on the Libyan House of Representatives to repeal the law due to its concerns over its impact on fundamental human rights.
