Jordan’s Government Approves New Cybercrime Legislation Amid Global Criticism for Its Swift Passage

Jordan’s Latest Cybercrime Law Builds Upon a Decade of Related Policies,
Offering Enhanced Proactive Measures, Though Impact Uncertain in the
Face of Rising Middle East Cyberattacks. Controversy Surrounds Its
Implications for Freedom of Speech and Human Rights.

What subjects are tackled within the scope of the law?

The initial draft of this legislation was crafted to address the security implications arising from the rapid evolution of information technology. Its primary goal was to establish a legal framework in Jordan for acts conducted through electronic means and to impose penalties as a means of both public and private deterrence.

Jordan’s Prime Minister, Bisher al Khasawneh, has defended the bill, citing a sixfold increase in online crimes within the nation, as reported by Reuters.

The bill comprises 41 articles, the majority of which delineate various forms of cybercrime and stipulate specific fines and prison sentences associated with each offense.

For instance, Article 4 stipulates that unauthorized entry or connection to an information network with access to data or information could result in a prison term ranging from six months to three years, coupled with a fine ranging from 2,500 to 25,000 dinars.

Additionally, those charged with damaging, destroying, or altering data or information may face further penalties, including “temporary work.”

Article 12 has stirred controversy among human rights groups due to its perceived ambiguity and potential privacy implications. It states that anyone who “circumvents the protocol address” could be subject to a fine ranging from 2,500 to 25,000 dinars and imprisonment for no less than six months. Human Rights Watch has expressed concerns that this could encompass the use of VPNs, anonymous proxies, and even the Tor browser, forcing individuals to make a choice between safeguarding their identity and freely expressing their opinions online.

The law has also sparked concerns regarding accountability. Article 25 asserts that individuals responsible for managing websites, social media platforms, or any account, public page, group, or channel shall be held accountable for any illegal activities.”

Why the controversy?

A coalition comprising Human Rights Watch, Access Now, Article 19, and 11 other organizations has issued a joint statement criticizing the bill. They argue that it contains provisions that jeopardize freedom of expression, the right to information, and privacy. They also claim it tightens government control over the Internet, introduces new social media controls, weakens online anonymity, restricts free expression, limits access to information, and increases online censorship.

In contrast, the European Union acknowledges Jordan’s goal of establishing an effective legislative framework against cybercrime but expresses reservations about certain provisions in the new law. They believe that these provisions deviate from international human rights standards and may curtail both online and offline freedom of expression.

Liz Throssell, spokesperson for the UN High Commissioner for Human Rights, emphasizes the need for countries to address cybercrime while ensuring the protection of online security and freedoms. She underscores that these objectives should complement each other.

The bill was swiftly presented to the Jordanian Parliament on July 15, approved by parliament on August 2, and received royal approval on August 12. UN’s Throssell highlights concerns regarding the speed of its passage, raising questions about transparency and public participation.