Nov 10, 2021
The undersigned organizations call upon Libyan authorities to rescind the cybercrime law recently adopted by the Libyan House of Representatives. The law would severely restrict freedom of expression, curtail press freedom, and legalize mass surveillance of speech online. Additionally, the law allows for warrantless blocking of websites and content
During the plenary session held on October 26, 2021, the Libyan House of Representatives ratified the Anti-Cybercrime Law. The vote comes at a pivotal moment for Libya with the presidential elections scheduled for December 24, 2021. In order to ensure these elections are free, fair, and transparent, it is imperative to guarantee freedom of opinion and expression as well as freedom of press, both offline and online
The draft bill was quickly passed, only one day after it was added to the parliament’s agenda and without public consultation with Libyan civil society, human rights defenders, or experts. This has prompted the undersigned organizations to examine the version available on social media, which was leaked by Members of Parliament and experts in the digital field
Broad terminology that contravenes international human rights standards
The new Anti-Cybercrime Law stipulates a myriad of overbroad and ambiguous terms that would give the Libyan judicial authorities an extensive discretionary power to restrict online freedom of expression. Article 4 stipulates that the use of the internet and new technologies is considered “legal” provided that “public order and morality” are respected. Hence, any use that violates these ambiguous concepts can be deemed illegal. According to Article 37, “whoever spreads a rumor or publishes information or data that threaten security or public safety in Libya or any other country,” shall be imprisoned for a period of up to fifteen years in addition to a heavy fine of no less than ten thousand Libyan Dinars. We warn against the danger of using this article to target and punish journalists, whistleblowers, human rights defenders, and other internet users. This article can also be used to criminalize the publication and sharing of any content that documents human rights violations, opposes public policies in Libya, or any other information of public interest. Notably, the Libyan authorities and militias have used “violation to public order and morality” as a pretext to target, imprison, torture, and kill journalists and human rights defenders
Furthermore, danger of this repressive legislation lies in Article 35, which provides for the imprisonment of “anyone who is aware of the commission or attempted commission of any of the crimes stipulated in this law” even though it includes phrases having a general and broad meaning
Such broad and ambiguously drafted articles are in violation of international human rights standards and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). As stated by the U.N. Human Rights Committee in their General Comment No. 34, “a norm, to be characterized as a ‘law’, must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly.” Any restriction of the right to opinion and expression for reasons related to either respect for the rights of others or their reputations, or to protect national security, public order, public health, or morals must be provided by law and subject to rigorous tests to meet the requirements of necessity and proportionality. This is also consistent with Libya’s national laws. Article 14 of the Libyan Constitutional Declaration of 2011 stipulates that the State shall guarantee freedom of opinion and expression as well as the freedom of press and publication
Measures that threaten the freedom of expression, publication, and press
Articles 13 and 47 of this new legislation, related to “interference and interception” and “unlawful wiretapping” respectively, could justify impeaching journalists for accessing information or communicating with whistleblowers in order to share information of public interest. This is inconsistent with paragraph 2 of Article 19 of ICCPR, which states that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” It also contravenes paragraph 3 of the General Comment No. 34 stipulating that “freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights,” as well as paragraph 30 stipulating that “It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated such information.”
Article 21 of the Anti-Cybercrime Law also criminalizes and punishes with imprisonment for a period of no less than one year any act of “combining or mixing someone’s picture or voice, without their written or online consent, by using the internet or any other digital means with the intent of harming others.” The article does not carve exceptions with regards to public or political figures, and therefore may inadequately restrict freedom of expression in Libya. In this context, it is noteworthy to point out the Human Rights Committee’s affirmation within the General Comment No. 34 stating that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism,” and that “the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties.”
Permitting mass surveillance and blocking of websites and content
Article 7 of the Anti-Cybercrime Law permits the Libyan authorities to monitor everything published on social media “and any other technical platform,” and to enable the National Information Security and Safety Authority (NISSA), an administrative and technical governmental authority in Libya, to block websites and content without judicial orders if they provoke “racial or regional slurs and extremist religious or denominational ideologies that undermine the security and stability of the society.” NISSA can also censor and block access to all websites and pages containing materials that are “contrary to public morality” under article 8 of the law
A threat to citizens’ digital safety and security
The Anti-Cybercrime Law criminalizes the use of encryption tools. Article 9 stipulates that “no individual or entity shall produce, possess, provide, market, manufacture, import, or export encryption tools without NISSA’s permission or authorization,” which jeopardizes digital safety and security of Libyan citizens and infringe upon their right to protect their privacy, personal data, and online communication away from authorities’ control
Based on all of the above, the undersigned civil society organizations call on the Libyan authorities to:
- Immediately repeal and not apply this law;
- Draft a new law in line with international human rights standards and Libya’s international commitments; and
- Adopt the principle of dialogue and consultation with Libyan civil society and the relevant international organizations when drafting any bills related to fundamental rights and freedoms in Libya, including the freedom of publication and press
Signatory organizations:
Access Now
Reporters without Borders (RSF)
MENA Rights Group
Hexa Connection
Electronic Frontier Foundation
ELBIRO Media Foundation
SMEX
BYTE Organization
Annir Platform
Libya Organization for Culture and Media
ImpACT International for Human Rights Policies
Euro-Mediterranean Human Rights Monitor
Phenomena for Media & Research
Lawyers for Justice in Libya
Youth Gathering For Tawergha Organisation
Independent Organization for Human Rights
Libyan Center for Freedom Of Press
Libyan Crimes Watch
Moomken Organization For Awareness and Media
Aswat Media Network
Tanweer Movement
Yes We Can Organization
Cairo Institute for Human Rights Studies (CIHRS)
Libyan Women’s Platform for Peace
Jurists Without Chains
Al-Aman Organisation Against Racial Discrimination
Libyan Organization for Legal Aid
Belady Foundation for Human Rights
Adala for All
Libyan Voluntary Group for Monitoring Human Rights Violations
Defender Center for Human Rights (DCHR))
Oct 14, 2021
Sebha/October 11
A new discussion session was held in Sebha city within the National Initiative for the drafting of a “document respecting freedom of expression and the independence of media institutions”. Twenty-eight journalists, television correspondents, academics, lawyers, activists and media professionals took part in the Session. They discussed the need for media practices to be based on national legislations that promote independence and liberty
The participants agreed that it is necessary to draft a law to establish the High Media Council. It should be independent from the executive government. It should be responsible for managing and reorganizing the media sector and public media institutions. It should also reorganize radio and television broadcast, grant licenses to private media institutions and oblige them to disclose their funding sources, and make them respect the regulations and standards the National Media Foundation sets. The National Media Foundation is the highest independent authority. Its role is regulation. The members of its board of directors have the necessary expertise
The participants focused on the need to protect reputation and privacy. It is necessary according to them, to set executive regulations to ensure that media institutions are not involved in spreading rumors and biased news that harm the reputation of others. In addition, the general sanction procedures related to publishing issues should be reformed. The participants agreed that respect should prevail between political actors. Freedom of expression is a sacred right that is a part of the national constants. However, it should not threaten civil peace, public health or public order. Government officials will be bound to disclose information through the ratification of the law on access to information by the coming legislative authority
The participants also highlighted the need to monitor and oversee press and digital content. It is necessary to focus on combating disinformation, hate speech, rumors and spreading of destructive ideas on social media. Internet should be regulated in order to enhance its position as a free digital space
The participants find it imperative to develop educational curricula for Libyan media colleges, to develop media laboratories and to enhance their technical capacities. They also called on the candidates to the upcoming national elections to pledge to work with civil society and journalists on draft laws related to press and publishing. They also have to work on the law of the National Media Foundation, which is being prepared by experts in the field of media and law in the National Committee for reviewing media draft laws administered by the Libyan Organization for Independent Media
The participants emphasized the need for legal and institutional support that goes in line with the challenges facing the Libyan state. It is necessary to respect freedom of expression and independence of media, establishing a national project and unifying media discourse under the umbrella of professionalism, objectivity, quality and efficiency. It is also necessary to have legal texts that explicitly provide for the protection of media professionals
At the end, the participants stressed the need to respect the cultures and characteristics of the Libyan society components. They all have the right to broadcast in their own language and to convey their voice to the Libyans
Oct 12, 2021
Misrata/October 9
A new discussion session was held in the city of Misrata within the National Initiative for the drafting of a “document respecting freedom of expression and the independence of media institutions”. Twenty journalists, television correspondents, academics and legal professionals participated in the Session. The discussion was mainly about the need for media practices to be regulated by national legislations that enhance independence and freedom.
The participants agreed on the necessity of providing a draft law to set up the National Media Foundation that is independent from the executive government and is responsible for managing and reorganizing the media sector and public media. It should also reorganize radio and television broadcast, grant licenses to private media institutions and oblige them to disclose their funding sources, and make them respect the regulations and standards it sets. The National Media Foundation is the highest independent authority. Its role is regulation. The members of its board of directors have the necessary expertise.
The participants focused on the need to protect reputation and privacy. It is necessary according to them, to set executive regulations to ensure that media institutions are not involved in spreading rumors and biased news that harm the reputation of others. In addition, the Foundation should reform the general sanction procedures related to publishing issues. The participants agreed that respect should prevail between political actors. Freedom of expression is a sacred right that is a part of the national constants. However, it should not threaten civil peace, public health or public order. Government officials will be bound to disclose information through the law on access to information to be adopted by the coming legislative authority.
The participants also highlighted the need to activate monitoring and oversight on press and digital content. It is necessary to focus on combating disinformation, hate speech, rumors and spreading for destructive ideas on social media. Internet should be regulated in order to enhance its position as a free digital space.
The participants find it imperative to develop educational curricula for Libyan media colleges, to develop media laboratories and to enhance their technical capacities. They also called on the candidates to the upcoming national elections to pledge to work with civil society and journalists on draft laws related to press and publishing. They also have to work on the law of the National Media Foundation, which is being prepared by experts in the field of media and law in the National Committee for reviewing media draft laws administered by the Libyan Organization for Independent Media.
Oct 6, 2021
Press release The undersigned human rights groups announce the proposal of a new draft law regulating civil work in Libya; the proposed law would guarantee civil society’s independence and freedom. We call on Libya’s civil society organizations to review and adopt this proposal, and pressure for its swift approval. We welcome any comments, suggestions, or feedback to improve the draft law, and affirm the law’s commitment to international standards for freedom of association and peaceful assembly
The undersigned groups are prepared for a public debate on the draft law through urgent hearings in which civil society organizations participate and review the proposed law and its explanatory memorandum This represents a push for the immediate issuance of a law on associations that complies with international standards for freedom of association. The law would also represent a departure from the authoritarian practices under which civil society in Libya has been suppressed, despite the passage of over a decade since the revolution of the Libyan people for freedom and democracy
The proposed draft law guarantees the independence of civil society organizations from the state and its administrative bodies Currently, associations in Libya are struggling to unshackle themselves from the repression of the country’s governing authorities. This repression includes concerted efforts to nationalize civil society and deprive it of independence and freedom to work. Moreover, the draft law emphasizes the importance of the operational transparency of these organizations and their practices, including their activities and funding sources. The proposed law also requires the registration of associations and non-governmental organizations by notification only, and guarantees the freedom to work and form or join local and international networks and alliances
The draft law is a culmination of Libyan civil society’s persistent efforts, ongoing since 2011, to push Libyan state institutions and successive governments to abandon Gaddafi’s authoritarian legal arsenal, especially the Civil Associations Law no. 19 of 2001, which is reflective of the perspective and policies of a dictatorship lacking in any consideration for freedoms and human rights
Libyan civil society participated in the 2013 consultations with the Ministry of Culture and Civil Society to prepare a new draft law to regulate associations, yet the proposal arising from these consultations remains unknown, and has not yet been issued. In 2016, human rights organizations participated in the revision of the draft law on associations, which was proposed by the legislative authority at the time, and despite the submission of the revised version to the House of Representatives in 2017, which was entirely disregarded
Nevertheless, the new proposed law on civil society differs from its predecessors in that it is subjected to scrutiny and examination by many legal experts, judges, and human rights defenders. The proposed law is the result of a meticulous study of experiences and legislation in the region and internationally, in regards to the regulation of civil society’s work. Thus the proposed law benefits from similar legislative proposals submitted by human rights organizations to ensure the independence and freedom of civil society in their countries
16 organizations and 4 public figures submitted this proposed new draft law and are looking forward to presenting it before members of the House of Representatives and representatives of the legislative authority in Libya, with the aim of pushing for the issuance of a new law on associations. Under the proposed law, the tribulations of civil society in Libya would come to an end, ensuring Libyan associations’ ability to perform their role in monitoring and following up on public affairs within a just legal framework that guarantees the independence and freedom of civil society
Accordingly, the signatory organizations renew their call for all Libyan organizations to review the proposed draft law and send their feedback on it, in order to partake in creating legislation that is based upon genuine consensus and guarantees the independence and freedom of civil society in Libya
Signatory organizations
- Defender Center for Human Rights (DCHR)
- The Libyan Organization for Independent Media
- Belady Center
- The Independent Organization for Human Rights in Libya
- Libya al-Moustakbal Center
- Jurists Without Chains
- The Libyan Women’s Platform for Peace
- Adala For All
- The Libyan Judges Organization
- The Libyan Center For Freedom Of Press
- Youth Organization for Tawergha
- Libyan Network for Legal Aid
- Al-Zawiya Center for Human Rights
- Aman Organization Against Discrimination
- Libyan Crimes Watch
- The Libyan Group to Monitor Human Rights Violations
Public figures
- Azza Maghur
- Salah Marghani
- Marwan Tashani
- Wael bin Ismail
Oct 3, 2021
Tripoli, September 25
The Libyan Center for Freedom of Press resumes the national initiative of the preparation and drafting of the “Document for the Respect of the Freedom of Expression and the Independence of Media Institutions. In this initiative, a group of journalists and jurists participated in a wide series of discussion sessions and focus groups, which aim at sharing opinions and searching for common ground among all actors in press and media sector
The discussion in the working sessions focused on examining the multiple attempts over the past years to regulate the Libyan media sector, the impact of the political division and armed conflict on public media, and the search for a vision to restructure the media sector in accordance with the governance principles and international standards
The participants focused on the necessity of defining the structural organization of the media sector and including it within the structure of the state. It would ensure its independence from the government. This should be through the activation of the law on establishing the Higher Council for Media, as stipulated in the Constitutional Article No. 174 within the chapter Independent Bodies in the draft Libyan constitution, which explicitly provides for the independence of media
The participants discussed the legal framework necessary for the structural organization, the need to protect reputation and privacy, and the importance of adopting a structural organization. Regulating the Sector is possible through the issuance of a new law for the press and publication that defines the tasks and duties of the National Union of Journalists, and the enforcement of the law on the right to access information
More than 150 Libyan journalists and jurists will participate in the discussion sessions in 5 Libyan cities during the last quarter of this year. The goal is to prepare the provisions of the document for “the Respect of the Freedom of Expression and the Independence of Media Institutions. We will later collect signatures from parties, political entities and candidates to the upcoming national Presidential and Parliamentary elections. The purpose is to get pledges from them to work with civil society and journalists in the future and pass new laws regulating media and ending the state of chaos in media in a way that achieves independence and freedom of the press and guarantees the economic and social rights of journalists
It is noteworthy that the Libyan Center for Freedom of Press had started holding discussion sessions in the last quarter of 2018, but they stopped in 2019 because of the violent war launched by General Khalifa Haftar’s forces to control Tripoli, which failed, just before the planned date of holding the National Conference in Ghadames at that time
