Jordan’s cybercrime law – balancing security and rights

The Jordanian Electronic Crime Law (ECL) No. 27 enacted in 2015 represents a significant step towards regulating and combating cybercrime in Jordan. The legislation aims to be a safeguard for data privacy, cybersecurity, and the overall digital landscape in Jordan. اضافة اعلان

By critically assessing the ECL's strengths, weaknesses, and potential impact on the rights of individuals and society and the press and media complaints that the new amendment is going to be a sword hanging over the neck of journalists.

New forms of criminal activitiesThe rapid expansion of digital technologies has transformed the way we live and conduct business, but it has also exposed societies to new forms of criminal activities.

Everyone will be dragged to the courts without a complaint.

In response to such challenges, the Jordanian government introduced ECL in an attempt to address and mitigate the risks associated with cybercrime, considering its capacity to balance the need for cybersecurity with the need to protect citizens' individual rights.

Meanwhile
On the other hand, most Journalists believes that the Cybercrime Law reflects the true government and official approach.

Reform is not an option for the state and the file of reform is not on the table.

The new amendments for ECL's build a strong immunization for decision-makers, more power without censorship from anyone. Thus, there will be no opportunity to express an opinion or point of view.

Everyone will be dragged to the courts without a complaint. The new amendments authorize the Public Prosecution an absolute power to file cases and arrest people according to customary texts presented by the government, whose president goes out on the students speaking about reform, and the beautiful days that are yet to come as the prime minister state in every occasion.  The opponents insist that the law is a disaster in every sense of the word.

How does the law handle personal data?
The ECL's provisions regarding data privacy and protection are particularly scrutinized in this part. How does the law handle personal data? Does it comply with international standards, such as the General Data Protection Regulation (GDPR)?

By analyzing the law's mechanisms for data protection and consent, this section seeks to assess the extent of individual privacy safeguards provided by the ECL. In addition, Effective cybercrime legislation must strike a balance between individual rights and the need for robust cybersecurity measures. The ECL's provisions related to enhancing the country's cybersecurity infrastructure should enhance the law's effectiveness in countering cyber threats, its cooperation with various stakeholders, and the protections it offers against potential vulnerabilities.

The news amendments to the ECL
The new amendments to the ECL’S legislation add new main categories to the provisions of the law in force such as unauthorized access to information systems: This category includes any unauthorized access, interception, or interference with computer systems, networks, or data without proper authorization.

Secondly, data and system interference, which encompasses actions that disrupt or impair the functioning of computer systems, networks, or data.

This includes introducing viruses, malware, or any other harmful software. And electronic fraud: This category covers various forms of fraudulent activities conducted through electronic means.

It includes identity theft, phishing scams, credit card frauds, online scams, etc.

Fourthly, electronic forgery: it refers to the creation or alteration of electronic data with the intent to deceive others.

This includes forging digital signatures, tampering with electronic documents or records.

By analyzing the law's mechanisms for data protection and consent, this section seeks to assess the extent of individual privacy safeguards provided by the ECL

Furthermore, it includes electronic defamation which deals with defamatory statements made through electronic means such as social media platforms, websites, emails, etc., which harm a person's reputation.

Furthermore, child exploitation: The law addresses crimes related to child pornography and exploitation through electronic means.

Also, the new proposal includes intellectual property violations which covers copyright infringement and other violations related to intellectual property rights conducted through electronic means. Last but not the least, terrorism-related offenses which addresses cybercrimes committed for terrorist purposes or activities that promote terrorism through electronic channels.

Alternatively, no legislation is amended without critique, and the ECL is no exception.

The new enacted legal text highlights potential surrounding the new amendments, including concerns about its scope, ambiguous definitions, potential for misuse, and compatibility with international human rights standards.

Thus, a crucial aspect of any cybercrime legislation is to ensure the preservation of freedom of expression and safeguarding citizens' digital rights. Analyzing the ECL's and the impact on freedom of expression, freedom of the press, where the potential risks of overreach or abuse.

Harsh and unusual punishment
The new amendments have also stipulated harsh and unusual penalties in the history of the Kingdom.

This legal text will be used as mechanisms present within the law to protect official personal from press and media surveillance or censorship; on the top of that the harshness of the punitive provisions may lead to Jordanian to use sophisticated methods to hide their identity to express their opinions such as fake accounts with untraceable web ID or VPN with burned phone and sim cards.

Consequently, the crisis of expression in Jordan should not be a cause of creating a social, legal, security, political or economic crisis.

The new amendments authorize the Public Prosecution an absolute power to file cases and arrest people according to customary texts presented by the government, whose president goes out on the students speaking about reform, and the beautiful days that are yet to come as the prime minister state in every occasion.

It is no secret that society before the state and the government is stuck because of the cases of lawlessness and the poor application of the contents of ideas such as the citizen correspondent or the right to obtain information.

Certainly, it is no secret, on the other hand, that those directly concerned with raising the level of freedom of expression, which are always protected individually, must establish a space for professional rules of engagement and put their logical filters so that the authority does not come with its calculations and puts the filters that suit it.

The dignity of individuals is a space codified later to strike at the concept and logic of individual freedom of expression, and for the authorities not to seek a useless and hateful investment that imposes further restrictions on the freedoms of publishing and commenting under the pretext of daily violations and assaults at all distances of communication and spaces of difference between human right and individual dignity versus the public’s right to freedom of expression.

If the authorities program their thinking and amendments on the basis of imposing restrictions and suppressing freedoms of expression and the flow of information, nothing will succeed, and there will be no national treatment of scoop and content.


Hamza Alakaleek is a Corporate lawyer and tax consultant with post-graduate degrees in international political economy, international business law, and law and technology with a focus on internet of things, artificial intelligence and data protection.


Read more Opinion and Analysis
Jordan News