Blog Post: State of Cybercrime in the SWANA Region

Across the SWANA region, strict cybercrime laws and decrees have been instituted, presenting a risk to free speech and expression. Across Egypt, Lebanon, Palestine, and Bahrain, governments have enacted cybercrime laws that place human rights at risk under the guise of fighting misinformation and protecting national security. These new laws often have intentionally vague terms which delegate their interpretation to authorities and have presented risks to journalists, censored criticism against the government and politicians in power, and increased the surveillance of personal online activity.(1)

To further elaborate upon a recent cybercrime law, on April 18, 2022, Syrian dictator Bashar Al-Ashad ratified Law 20/2022, under the claims of halting the “misuse of technology” and fighting against “cybercrime.” By definition of the law, “cybercrime” also constitutes “crimes against decency or modesty, and crimes against the Constitution.” In addition, the law issued harsher punishments for actions deemed “cybercrimes” that target public officials.(2) These expansions offer the dictatorship further authority in persecuting civilians and advocates under a government already known for its gross human rights abuses.

In Tunisia, current President Kais Saied claimed full executive power on July 25, 2021, when he issued Presidential Decree 69 or a “self-coup” that consolidated power to the presidential position. This decree set forth the firing of the standing Prime Minister Hichem Mechichi and most other government officials, replacing government positions with loyalists and suppressing the responding protests through a variety of restrictions and intimidation tactics.(3)

Since then, Tunisia has seen an increased focus toward prosecuting government critics, many of whom are civilians.(4) On September 13, 2022, President Saied issued a new cybercrime decree-law(5) which would impose harsh prison sentences for the intentional distribution of “false information,” a vague term that has incited fear around the right of freedom of expression. The decree-law also allows authorities to close media outlets and civil society groups if they violate the provisions and permits greater monitoring of internet usage and increases personal data collection.(6)

With the wave of cybercrime laws over the past few years – in the SWANA region and beyond – questions emerge around the nature of the situation. At what point does a cybercrime law become draconian and an imposition on free speech and expression? What role can the Commission on Crime Prevention and Criminal Justice play in protecting the human rights of individuals affected by abusive cybercrime laws? How can the spread of these laws to other regions with oppressive governments be prevented?

(1) https://www.accessnow.org/when-cybercrime-laws-gag-free-expression-stopping-the-dangerous-trend-ac

ross-mena/

(2) https://www.accessnow.org/syria-cybercrime-law/

(3) https://carnegieendowment.org/2022/07/22/one-year-later-tunisia-s-president-has-reversed-nearly-decad

e-of-democratic-gains-pub-87555

(4) https://www.amnesty.org/en/latest/news/2022/12/tunisia-cybercrime-law-investigations-expose-new-threa

ts-to-freedom-of-expression/

(5) https://legislation-securite.tn/fr/law/105348

(6) https://www.amnesty.org/en/documents/mde30/6290/2022/en/