Jordan’s monarch has given the green light to a strict cybercrime statute on Saturday, one that was swiftly pushed through the parliament and is notably harsher than its forerunner. The legislation imperils both online and offline rights, including freedom of speech and the entitlement to confidentiality. It consists of vague clauses that might be used against marginalized communities, such as lesbian, gay, bisexual, and transgender (LGBT) individuals.
The 2023 Cybercrime Law, as stipulated in sections 13 and 14, penalizes the creation, distribution, or consumption of “explicit content,” an undefined term, and material that “encourages, urges, assists, or provokes immorality,” with a minimum of six months of incarceration and a monetary fine. These stipulations could be employed to target digital content related to gender and sexuality, along with individuals who employ online platforms to advocate for LGBT rights.
Furthermore, the law puts the right to anonymity at risk as per article 12, seemingly prohibiting the usage of Virtual Private Networks (VPNs), proxies, and Tor. These tools are often utilized by LGBT individuals to protect themselves online, essentially forcing them to make a choice between upholding their anonymity and freely expressing their viewpoints.A rights activist for the LGBT community in Jordan shared that this new law will “eliminate all forms of LGBT expression online” and heighten “intrusion into individuals’ personal lives.”
The utilization of cybercrime statutes by Jordanian authorities to target LGBT individuals, intimidate activists, and censor content surrounding gender and sexuality is not unprecedented. In a report from 2023, Human Rights Watch outlined the extensive real-world repercussions of online targeting against LGBT individuals, including within Jordan. Many LGBT people stated that they felt unable to safely express their sexual orientation or gender identity online, leading to a decline in LGBT rights activism.
An individual I interviewed from Jordan, who identifies as gay, received a six-month prison sentence in 2021 under a provision in the 2015 cybercrimes law that criminalized “promotion of online prostitution.” This occurred after he sought protection from online extortion from the authorities. Another LGBT activist mentioned that Jordan’s intelligence agency summons him for questioning whenever content related to LGBT rights in Jordan is shared on social media.
The fresh cybercrime law will merely intensify these oppressive practices and extend the scope of censorship over free speech. Jordanian authorities should safeguard the rights of all individuals, including the preservation of online freedom of expression and the privacy of digital communication. The initial step should be the repeal of the 2023 Cybercrimes Law.