2. Article No. (364), as stated in the proposed law, stipulates that, “A punishment of imprisonment
for a term of not less than two years and a fine not exceeding five hundred dinars shall be inflicted
upon any person who, by any method of publication, attributes an incident to another person
that would make him/her liable to punishment or subject to contempt. The punishment shall be
imprisonment for a term of not less than three years and a fine if the libel is committed against a
public servant during, because of, or by reason of discharging his/her job; or if such libel affects
one’s honor, or damages the reputation of families, or if an unlawful purpose is noticed. If the
libel takes place by way of publishing in any newspaper, publication, or social media, this shall
be considered as aggravating circumstance.”
3. While Article No. (365) of the same draft law stipulates that, “A penalty of imprisonment for a
period not exceeding two years and a fine not exceeding five hundred dinars shall be imposed
on any person who slanders another by any method of publication so as to affect his honor
or integrity, which does not contain a specific allegation against him. The penalty shall be
imprisonment for a period of not less than three years and a fine not exceeding five hundred
dinars, or one of these two penalties, if the insult is committed against a public servant during,
by reason of, or on the grounds of performing his duties, or if such insult is injurious to one’s
honor or the reputation of families, or intended for attaining an illegal purpose. If the insult
takes place by way of publishing in any newspaper, publication, or social media, this shall be an
aggravating circumstance.”
4. The NIHR values the principles and precepts underlying the proposed law - as stated in the
explanatory memorandum - in that the proposed law aims at ensuring that the members of society
respect each other, reducing the phenomenon of insult and slander that has recently spread through
social media, ensuring freedom of expression without prejudice to the provisions of the law and
without harming others, and increasing the penalty for the offenses of slander and defamation by
means of publishing, thereby achieving public and private deterrence for those who commit such
crimes or are contemplating to commit them.
5. The NIHR believes in principle that the policy adopted by the proposed law keeps pace with
developments in society through tightening the penalties prescribed for the offense of insult and
defamation, and introducing social media as tools for this crime. This policy aims to achieve a
state of security and social stability, deter people from committing this type of crime, as well as to
help reduce such crimes that put at risk the individual, society, and the State. It is not considered a
development that has an effect on the enjoyment of fundamental rights and freedoms by individuals.
Moreover, the proposed amendments contained in the proposed law do not constitute a violation of
human rights as provided for in the relevant international or regional human rights instruments.
6. However, by extrapolation from the provisions of the above-mentioned articles, the NIHR has
noted that the authors of the proposed law set the penalty of (imprisonment and fine) for such
offenses, whereas the original text of the Law prescribed the penalty of (imprisonment or fine) for
such offenses, other than that stated in the second paragraph of Article No. (365) of the proposed
law, which made the penalty (imprisonment and a fine or one of these two penalties).
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