The Jordanian government has faced global criticism after passing a new cybercrime law. Despite concerns over its content and the speed at which it was approved, the law addresses the growing cybercrime activity in the country and aims to secure Jordan’s infrastructure and organizations. However, many have raised concerns about potential infringements on freedom of speech and human rights.
The new law, which follows several related cybercrime policies introduced over the past decade, was created to address the security ramifications of rapid developments in information technology. It seeks to establish a legal system for acts carried out through electronic means and punish the perpetrators to achieve public and private deterrence.
Jordan’s Prime Minister Bisher al Khasawneh has defended the law, citing a sixfold increase in online crimes in the nation. According to Reuters, the law consists of 41 articles that outline various types of cybercrime and the associated penalties. For example, Article 4 states that unauthorized access to data or information on an information network can result in six months to three years in prison, along with fines ranging from 2,500 to 25,000 dinars. Damaging, destroying, or modifying data or information can lead to additional punishment of “temporary work.”
However, Article 12 of the law has attracted controversy from human rights groups. They argue that its vague language threatens privacy as it penalizes anyone who circumvents the protocol address with fines and imprisonment. Human Rights Watch expressed concerns that this provision could affect internet users who rely on VPNs, anonymous proxies, or the Tor browser to protect their identities, forcing them to choose between security and freely expressing their opinions online.
Another area of concern is accountability. Article 25 states that the person responsible for managing a website, social media platform, or any account, public page, group, or channel will be held responsible for illegal content. This provision has raised questions about the extent of responsibility and potential censorship.
The law’s controversial nature has prompted joint statements from organizations such as Human Rights Watch, Access Now, and Article 19. They argue that the law poses threats to freedom of expression, the right to information, and the right to privacy. These groups claim that the law will empower the government to exercise greater control over the internet, introduce new controls on social media, weaken online anonymity, and increase online censorship.
While the European Union recognizes and supports Jordan’s objective of creating a strong legislative framework to combat cybercrime effectively, it has expressed concerns about certain provisions of the law. The EU believes that these provisions deviate from international human rights standards and could restrict freedom of expression both online and offline.
Liz Throssell, the United Nations’ spokesperson for the UN High Commissioner for Human Rights, agrees that countries need to combat cybercrime, but she emphasizes the importance of simultaneously protecting security online and ensuring online freedoms. Throssell has raised concerns about the speedy approval of the law, questioning the transparency and participation in the legislative process.
The draft legislation for the cybercrime law was presented to the Jordanian Parliament on July 15, swiftly passed on August 2, and approved by the King on August 12. This quick process has raised additional concerns regarding the lack of transparency and the limited opportunity for public input.
In conclusion, Jordan’s new cybercrime law has been met with global criticism due to concerns about its impact on freedom of speech and human rights. While the law aims to address increasing cybercrime activity and secure the country’s infrastructure, its provisions have sparked controversy regarding privacy, accountability, and potential censorship. The swift approval of the law has also raised questions about transparency and public participation in the legislative process. As discussions continue, it remains to be seen how the law will be implemented and what consequences it will have for internet users and online freedoms in Jordan.