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Qatar Online Freedom [Peninsula, The (Qatar)]
[September 20, 2014]

Qatar Online Freedom [Peninsula, The (Qatar)]


(Peninsula, The (Qatar) Via Acquire Media NewsEdge) Qatar has recently put into force an extensive cybercrime law to combat offences committed online, including financial frauds and crimes and offences committed through the Internet.The legislation is a welcome move as it prescribes severe punishments for several crimes dealing with computers, networks and the Internet, prominent among them being child pornography.    However, where it has been welcome by society at large as a deterrent against electronic crimes, it has raised fear in some sections as some provisions of the law are seen as aiming at suppressing free speech on the Internet.



Criticism is being made by proponents of freedom of speech, particularly of Article 5 of the law which prescribes up to three years of prison and a fine of up to QR500,000 ($137,306) for anyone who creates or manages a website for a terrorist organisation or spreads its ideology through the Internet or any other media that assists in communication among heads and/or members of terror organisations.

Article 6 prescribes a punishment of up to three years in jail or fine of up to QR500,000 or both for anyone who creates and manages a website or any other media to publish false news with an intention to jeopardise the security of the state or disturb peace locally, regionally or internationally.


While Article 7 talks of child pornography and severe punishments for the crime, Article 8 stipulates imprisonment up to three years or a fine of QR100,000 or both for anyone who violates social values or publishes news or photographs or records a voice breaching privacy of a family or an individual even if the content is true, with the intention of slander on the Internet or any other media.

According to Doha Centre for Media Freedom (DCMF), the vagueness of the above articles can lead to confusion and abuse in future and there is the need to raise awareness about the new law.

"A lack of clarity about the articles related to spreading 'false news in order to jeopardise the security of the state and disturbing peace locally or internationally' and 'items deemed to have violated any of the social values and principles' could lead to confusion and abuse in future, which means that raising awareness and enhancing understanding of this law are of utmost importance to DCMF," the centre said in a statement.

Article 20 also breaches freedom of expression and tries to muzzle it as it says if authorities would insist, one would be legally obliged to part with information about a source or sources of news and would not have the right to withhold such information on the ground of professional ethics.

Article 21 makes it legally binding on a service provider to retain a subscribed online material for a year in case there is a crime or a case involving the subscribed material or the subscriber.

Article 23 says Qatar will cooperate with global agencies to launch investigations against the accused in some alleged cases of cybercrimes or extradite them.

This, according to critics, would put unnecessary pressure on Doha as such requests may keep pouring in literally by the day. Qatari citizens would, however, not be extradited.

Article 27, however, confers on Qatar the right to seek similar help regarding a cybercrime accused from foreign agencies.

Article 40, however, says Qatar will, though, have the right not to extradite an accused in a cybercrime case due to his race, religion, or political opinion.

"Does this mean that the accused would not be extradited on the above grounds even if he is charged with having committed a big financial or banking fraud in a Western country?"asked one of the critics.

Meanwhile, prominent lawyer and former member of the Central Municipal Council (CMC), Abdulrahman Al Jefairi, told local Arabic daily Al Raya in remarks published recently that creating awareness about the legislation was a must, especially among the youth since they could indulge in such offences as spreading false news on the Internet, cell phone or social media which can put them in trouble and simultaneously state security at risk.

The youth could also get involved in sexual blackmail and could create and/or manage websites for terror outfits. He said the new law was the need of the hour to prevent and fight cybercrimes.

Recently, some terror groups have emerged across the world and have been trying to attract the youth using the Internet in the name of jihad. "So it was essential for the government to come out with a cybercrime prevention law," said Al Jefairi.

Take some group, as an example. For some, it is a terrorist organisation, for the most across the world it is an organisation fighting for freeing its land from illegal occupation.

"So where do you draw the line and how do you define what terrorism is and what action is to be taken against one under the Qatari cybercrime law?" said a critic.

Then, there are people and groups who promote their religions and religious ideologies using social media and their tweet accounts, especially. "Are we going to treat some of them or all of them as terror-related online commentators so they could be punished?" asked the critic.

Another critic said requesting anonymity that if there is a debate on the Islamic State (IS) on some social media in the GCC or some other online platform, are the debaters to be booked on the charges of promoting or aiding terror or spreading terrorist ideology? Yet another critic, who also  didn't want to be named, said the articles that pertain to trying to defame or slander individuals and families or issuing threats to them online, are already crimes punishable under Qatar's criminal code. "So why they should have been included in the cybercrime law in the first place? They are already crimes and whether committed using the Internet or any other means is immaterial," said the critic.

He said he had read the full law and found it strange that it mentions that it was proposed by the Minister of Interior, whereas it should have been drafted at the behest, and with the involvement, of the Ministry of Justice and ictQatar (the regulator of IT and telecom sectors) and the local media.

Also, the bye-laws or executive regulations to help implement the provisions of the law are to be framed by the Minister of Interior, according to the law, and not by others, which shows the cybercrime law is more a security issue than an effort to streamline or promote freedom of speech on the Internet.

The Northwestern University in Qatar, which claims to champion the cause of free speech, was contacted by this newspaper for comment but it didn't respond although a detailed questionnaire was mailed to it by our reporters and its officials said they would get back in time.

Critics say that at the time when smartphones and tablet computers have revolutionised the way people access information online and react to new updates, the above-cited controversial articles of the new law have irked many.   Some say they fear they may be in trouble for even making comments on social media or sharing remarks of others on local social networking websites.   Broadly, the new law empowers authorities to ban websites they consider threatening to the security of the country and punish anyone who posts or shares online content that undermines Qatar's social values or general order.

The new law will have two-fold impact. First, the online news portals will be cautious in their news and opinion. Secondly, people, especially expatriates, will now be careful in posting, sharing or tweeting their comments on social networking websites.

Until now online media and people are sometimes seen posting critical comments and news. This will now become a thing of the past, an expatriate said, not wanting his name in print.   The articles have also attracted the attention of international organisations, including Amnesty International and Gulf Centre for Human Rights (GCHR). Both have termed these as a threat to freedom of expression.

"The new cybercrime law is a major setback for the freedom of expression in Qatar," said Said Boumedouha, Deputy Director,  Amnesty International's Middle East and North Africa Programme.

"It contains broad and vaguely-worded provisions that fly in the face of international standards. They effectively grant the government extensive powers to punish anyone who posts or shares content officials consider harmful to Qatar's "social values" or interests.

There is a real danger that legitimate, peaceful expression could be seriously undermined by this new law which could facilitate arbitrary crackdown on peaceful dissent." The controversial articles assume importance as Qatar is among the most online connected countries in the world and its residents keep expressing views online on everything under the sun.

"The GCHR expresses serious concern at the enactment of the new Cybercrime Law and views it as a real and serious threat to freedom of expression and opinion and belief on the Internet and through social media," it wrote on its website.

Dr Matt J Duffy, a media expert on GCC who has written a book, 'Media Laws of the UAE', said the cybercrime law is a troubling development for the level of freedom of speech in Qatar.

Duffy said no country that enjoys a reasonable level of freedom of the press and other forms of expression enforces laws that regulate "false news".

False defamation is prohibited everywhere. But the idea that a government official can determine what "news" is false cannot be upheld in a country where a free press is protected. Journalism is based on attributing information, and journalists cannot be expected to vouch for the veracity of every source they publish. False news laws have no impact and prompts self-censorship by journalists and others for fear of prosecution.

He also said the fact that these laws restricting freedom of speech target digital media shows that the government is worried about online discussions. The mainstream media in Qatar rarely engage in debate and criticism. Social media such as Facebook and Twitter tend to host more open discussions. This law will surely discourage critical speech online.

"What a wonderfully vague law, designed to silence good critical investigative journalism and national debate! Not unique to Qatar but a sad indictment that little has been learned from the entire region going up in flames since 2011. Shutting down speech makes things worse, not better," a person wrote in one of the online news websites.

Mohsin Dhiyab Al Suwaidi, a prominent Qatari lawyer, however, said the law was necessary because cybercrime is an international issue and all countries have laws to combat it.

"This is the first Qatari law that fully addresses all cybercrimes whether related to the publication of false news or pornography or electronic fraud," he said.

Faisal Al Marzouqi, a popular newspaper columnist, told this newspaper that he had no problem with the law and that he understands that even with the freedoms of expression and speech there should be some limits imposed by the law so that these freedoms do not hurt other individuals or the state.

He said that he, however, respects all other views and thinks that the best way forward for human rights activists or journalists who have some grievances with this law is to put forward their case through the right channels and the government legislators are obliged to listen to them also.

DCMF said it will facilitate the opening of a channel of communication between journalists and the legal system to reach a common understanding of the law.

"This law is flexible and open to interpretation which necessitates open discussion and dialogue among all stakeholders to raise awareness and enhance understanding of exactly how this legislation will be enforced and how to avoid violating it.

"While it is important to regulate online activity, the centre retains its belief that cybercrimes should be kept separate from freedom of expression online," DCMF said.

The Peninsula   (c) 2014 Dar Al Sharq Press, Printing & Distribution. All Rights Reserved. Provided by SyndiGate Media Inc. (Syndigate.info).

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