The Libyan House of Representatives has passed a cybercrime law, aimed at regulating online content and preventing cybercrimes. The law, which was put on the agenda for the session on October 26, 2021, was passed by majority voting. This development comes amid a backdrop of conflict and instability in the country, with the law seen as a way to address issues such as hate speech, incitement, and online harassment.
The law, which dates back to 2018, has been shaped by the country's strategic allies, including Egypt and Jordan. It defines cybercrime as any act that violates the law and uses computer systems, the Internet, or other means of information technology. The law aims to protect public order, morals, and the national economy, and its provisions extend beyond Libyan territory, making individuals liable to accountability by Libyan authorities wherever they are.
The law grants significant powers to the National Information Security & Safety Authority (NISSA), which is affiliated with the General Authority for Communications and Informatics. NISSA is tasked with preventing access to websites and web pages that publish pornography, promote lewdness, or violate public morals. The authority can block websites and impose penalties, including imprisonment and fines, on individuals who produce, circulate, or preserve such content.
The law also criminalizes incitement to lewdness, punishing instigators with imprisonment and fines. Additionally, it prohibits the use of audio and photo editing applications without written consent from the owners of the original material. Modifying original material to create pornographic content can result in imprisonment for a period of no less than five years. The law also targets those who exploit minors, individuals with psychological or mental disabilities, or others in electronic pornographic material.
The law gives NISSA permission to monitor online content and block material that undermines the security and stability of society. Those who incite the destabilization of society's security and stability via the Internet can face imprisonment for a period not less than one year and fines. The law also punishes individuals who threaten or humiliate others based on their ethnic, religious, or sectarian affiliation, or offend religious sanctities or rituals.
The law's provisions on terrorism and money laundering have raised concerns. It punishes individuals who contribute to the dissemination of information to terrorist groups or help in communicating with their leadership and members. The law also targets those involved in illegal money transfers, imposing penalties of imprisonment and fines. Critics argue that these provisions could be used to target individuals and groups that are not necessarily terrorists but may be critical of the government.
The passage of the cybercrime law has sparked concerns over free speech and potential misuse. Key points of the law include:
Key points
- The law grants significant powers to NISSA to monitor and block online content.
- The law's provisions on terrorism and money laundering have raised concerns over potential misuse.
- The law's penalties for cybercrimes, including imprisonment and fines, have been criticized as harsh.
