Accordingly, dozens of investigations and new prosecutions were conducted under Article 168 of the Penal Code, which criminalizes the circulation of false news (Amnesty International 2020a). • Kuwait: According to a 2020 Amnesty International report, “the authorities detained and prosecuted at least 12 government critics and activists under provisions of the Cybercrime Law and Penal Code provisions that criminalize legitimate speech, including for offending the Emir, criticizing neighbouring countries or spreading false news” (Amnesty International 2020c). Amnesty International has argued that the Gulf Cooperation Council (GCC) countries, specifically Bahrain, Kuwait, Oman, Saudi Arabia, and the UAE, used the Covid-19 crisis as an excuse to continue the suppression of the freedom of expression. As the virus spread in the GCC countries, all these governments issued statements warning residents of the criminal liability they would face if they spread false news or misleading information. In many cases, these governments have prosecuted people who posted content about the epidemic or about the government’s response to it on social media sites (Amnesty International 2020b). Combating fake news and rumors has also been used as an excuse to protect the rulers in certain countries. For example, in the UAE, Article 29 of Federal Decree-Law No. (5) of 2012 on Combating Cyber Crimes states, Shall be punished by temporary imprisonment and a fine not in excess of one million dirhams whoever publishes information, news, statements or rumors on a website or any computer network or information technology means with intent to make sarcasm or damage the reputation, prestige or stature of the State or any of its institutions or its president, vice-president, any of the rulers of the Emirates, their crown princes, or the deputy rulers of the Emirates, the State flag, the national peace, its logo, national anthem or any of its symbols. (Government of the UAE 2012) Arab countries consistently rank the lowest on the World Press Freedom Index, issued by Reporters Without Borders (RSF 2021b). Table 13 lists the classification of Arab countries in 2021. The absence of a free press and the suppression of journalistic work lead to the spread of disinformation. Repressing freedom of expression, opinion, and the press—under the pretext of curbing the circulation of false news and by relying on legislation that is drafted using vague language—will never prevent the spread of mis- and disinformation in the region. In order to analyze the legal status of the fight against misleading and false news in the region, we devised a questionnaire and sent it to eight lawyers who specialize in media and cybercrime law in eight Arab countries (Lebanon, Syria, Jordan, Palestine, Egypt, Yemen, Tunisia, and Mauritania). All of the lawyers acknowledged that the legislation related to the publication of false news in their countries is used as a pretext to suppress freedom of opinion and expression, to arrest journalists and activists, to shut down websites, and to restrict online material. They also believe Table 13: Rankings of Arab countries according to the 2021 World Press Freedom Index. (Source: RSF 2021b) Country Ranking Country Ranking Tunisia 73 Algeria 146 Comoros 84 Sudan 159 Mauritania 94 Somalia 161 Kuwait 105 Iraq 163 Lebanon 107 Libya 165 Qatar 128 Egypt 166 Jordan 129 Bahrain 168 UAE 131 Yemen 169 Palestine 132 Saudi Arabia 170 Oman 133 Syria 173 Morocco 136 Djibouti 176 I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Middle East and North Africa – 54

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