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