However, in May 2009 a Cairo court ruled in favor of an Egyptian lawyer and ordered
the Egyptian government to ban access to pornographic Web sites because they are
deemed offensive to the values of religion and society. 15
In Tunisia, however, a blogger challenged the Web-filtering regime in the country by
filing a legal suit against the Tunisian Internet Agency (ATI) for censoring the social
networking site Facebook after it was briefly blocked in August 2008. The court dismissed the case in November 2008 without providing any explanation. 16 These examples and cases illustrate how the fight over access controls is taking different and often
more subtle shapes and forms, and also indicate that different players will continue the
debate and challenge each other.
Access Control
Access controls in the Middle East and North Africa are multilayered; governments and
authorities use first- and second-generation measures to regulate Internet access and
online activities. These measures include laws and regulations, technical filtering,
physical restrictions, surveillance and monitoring, and harassment and arrests. Among
the laws and regulations used to control access in the region are the press and publication laws, penal codes, emergency laws, antiterrorism laws, Internet-specific laws,
ISPs’ terms and conditions, and telecommunications decrees.
Press and Publication Laws, Penal Codes, Emergency Laws, and Antiterrorism Bills
Many countries in the region use restrictive press laws to regulate online publishing and
traditional journalism. For example, censorship of online media and print journalism
in Bahrain is exerted using the 2002 Press Law. 17 Kuwait’s 2006 press law allows the
imprisonment of journalists for making references to Islam that are deemed insulting 18
or for articles seen as ‘‘against national interests.’’ 19 Oman’s 1984 Press and Publication
Law authorizes the government to censor publications deemed politically, culturally,
or sexually offensive. 20 Syria’s 2001 Press Law sets out sweeping controls over publications printed in Syria. 21 Journalists in Tunisia have been prosecuted by Tunisia’s press
code, which bans offending the president, disturbing order, and publishing what the
government perceives as false news. 22 Yemen’s 1990 Press and Publications Law subjects publications and broadcast media to broad prohibitions and harsh penalties. 23
The press law in Morocco has been used to suppress outspoken online writers. 24
In addition to press codes, some countries often use penal codes to suppress journalists and online writers. Yemen’s Ministry of Information declared in April 2008 that
the penal code will be used to prosecute writers who publish content on the Internet
that ‘‘incites hatred’’ or ‘‘harms national interests.’’ 25 Syria’s penal code criminalizes
spreading news abroad. 26 Though the Bahraini government in May 2008 introduced
amendments to the 2002 press law that eliminate prison sentences for journalists and
526
MENA Overview
the Egyptian government to ban access to pornographic Web sites because they are
deemed offensive to the values of religion and society. 15
In Tunisia, however, a blogger challenged the Web-filtering regime in the country by
filing a legal suit against the Tunisian Internet Agency (ATI) for censoring the social
networking site Facebook after it was briefly blocked in August 2008. The court dismissed the case in November 2008 without providing any explanation. 16 These examples and cases illustrate how the fight over access controls is taking different and often
more subtle shapes and forms, and also indicate that different players will continue the
debate and challenge each other.
Access Control
Access controls in the Middle East and North Africa are multilayered; governments and
authorities use first- and second-generation measures to regulate Internet access and
online activities. These measures include laws and regulations, technical filtering,
physical restrictions, surveillance and monitoring, and harassment and arrests. Among
the laws and regulations used to control access in the region are the press and publication laws, penal codes, emergency laws, antiterrorism laws, Internet-specific laws,
ISPs’ terms and conditions, and telecommunications decrees.
Press and Publication Laws, Penal Codes, Emergency Laws, and Antiterrorism Bills
Many countries in the region use restrictive press laws to regulate online publishing and
traditional journalism. For example, censorship of online media and print journalism
in Bahrain is exerted using the 2002 Press Law. 17 Kuwait’s 2006 press law allows the
imprisonment of journalists for making references to Islam that are deemed insulting 18
or for articles seen as ‘‘against national interests.’’ 19 Oman’s 1984 Press and Publication
Law authorizes the government to censor publications deemed politically, culturally,
or sexually offensive. 20 Syria’s 2001 Press Law sets out sweeping controls over publications printed in Syria. 21 Journalists in Tunisia have been prosecuted by Tunisia’s press
code, which bans offending the president, disturbing order, and publishing what the
government perceives as false news. 22 Yemen’s 1990 Press and Publications Law subjects publications and broadcast media to broad prohibitions and harsh penalties. 23
The press law in Morocco has been used to suppress outspoken online writers. 24
In addition to press codes, some countries often use penal codes to suppress journalists and online writers. Yemen’s Ministry of Information declared in April 2008 that
the penal code will be used to prosecute writers who publish content on the Internet
that ‘‘incites hatred’’ or ‘‘harms national interests.’’ 25 Syria’s penal code criminalizes
spreading news abroad. 26 Though the Bahraini government in May 2008 introduced
amendments to the 2002 press law that eliminate prison sentences for journalists and
526
MENA Overview