prior censorship on publications, journalists can still be charged and jailed using the
penal code and antiterrorism law. 27
In addition to the use of penal and press codes, two countries—Egypt and Syria—
both of which have been under emergency law for some time, have taken advantage
of this status to punish individuals deemed threatening. Egypt’s emergency law, in
force since the declaration of the state of emergency in 1981, grants the government
powers to search, arrest, and detain individuals without the supervision of judicial
bodies. Rights groups say that the uninterrupted application of the emergency law
since 1981 has led to the emergence of a parallel legal system unchecked by ordinary
judicial bodies. 28 Similarly, Syria uses the ongoing state of emergency (which began in
1963) to arrest media workers. 29
Morocco uses its antiterrorism bill, passed following suicide bombings in Casablanca
in 2003, to punish journalists. The bill grants the government sweeping legal power to
arrest journalists for publishing content deemed to ‘‘disrupt public order by intimidation, force, violence, fear or terror.’’ 30
Internet-Specific Laws
Few countries in the region have introduced Internet-specific laws to regulate Internet
activities; among them are the UAE and Saudi Arabia. The UAE’s 2007 federal cyber law
criminalizes hacking, abusing holy shrines or religious rituals, opposing the Islamic
religion, transcending family principles and values, setting up a Web site for groups
promoting programs in breach of public decency and order, and setting up a Web site
or publishing information for a terrorist group under fake names with intent to facilitate contacts with their leadership, or to promote their ideologies and finance their
activities, or to publish information on how to make explosives or any other substances to be used in terrorist attacks. 31
In January 2008, Saudi Arabia implemented 16 articles of a new law on the use of
technology. The law includes penalties of ten years in prison and a fine for Web site
operators who advocate or support terrorism; three years and a fine for financial fraud
or invasion of privacy; and five years and a fine for those guilty of distributing pornography or other materials that violate public law, religious values, and social standards
of the kingdom. Accomplices of the guilty parties and even those who are proven to
have only intended to engage in unlawful IT acts can receive up to half of the maximum punishments. 32
Terms and Conditions of ISPs
Terms and conditions imposed on users by ISPs are also used to control access in some
countries. In Oman, for example, Internet use is regulated by the ISP Omantel’s terms
and conditions, which mandate that users ‘‘not carry out any unlawful activities which
contradict the social, cultural, political, religious or economical values of the Sultanate
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penal code and antiterrorism law. 27
In addition to the use of penal and press codes, two countries—Egypt and Syria—
both of which have been under emergency law for some time, have taken advantage
of this status to punish individuals deemed threatening. Egypt’s emergency law, in
force since the declaration of the state of emergency in 1981, grants the government
powers to search, arrest, and detain individuals without the supervision of judicial
bodies. Rights groups say that the uninterrupted application of the emergency law
since 1981 has led to the emergence of a parallel legal system unchecked by ordinary
judicial bodies. 28 Similarly, Syria uses the ongoing state of emergency (which began in
1963) to arrest media workers. 29
Morocco uses its antiterrorism bill, passed following suicide bombings in Casablanca
in 2003, to punish journalists. The bill grants the government sweeping legal power to
arrest journalists for publishing content deemed to ‘‘disrupt public order by intimidation, force, violence, fear or terror.’’ 30
Internet-Specific Laws
Few countries in the region have introduced Internet-specific laws to regulate Internet
activities; among them are the UAE and Saudi Arabia. The UAE’s 2007 federal cyber law
criminalizes hacking, abusing holy shrines or religious rituals, opposing the Islamic
religion, transcending family principles and values, setting up a Web site for groups
promoting programs in breach of public decency and order, and setting up a Web site
or publishing information for a terrorist group under fake names with intent to facilitate contacts with their leadership, or to promote their ideologies and finance their
activities, or to publish information on how to make explosives or any other substances to be used in terrorist attacks. 31
In January 2008, Saudi Arabia implemented 16 articles of a new law on the use of
technology. The law includes penalties of ten years in prison and a fine for Web site
operators who advocate or support terrorism; three years and a fine for financial fraud
or invasion of privacy; and five years and a fine for those guilty of distributing pornography or other materials that violate public law, religious values, and social standards
of the kingdom. Accomplices of the guilty parties and even those who are proven to
have only intended to engage in unlawful IT acts can receive up to half of the maximum punishments. 32
Terms and Conditions of ISPs
Terms and conditions imposed on users by ISPs are also used to control access in some
countries. In Oman, for example, Internet use is regulated by the ISP Omantel’s terms
and conditions, which mandate that users ‘‘not carry out any unlawful activities which
contradict the social, cultural, political, religious or economical values of the Sultanate
MENA Overview
527