NGOs call for full repeal of Egypt’s “cybercrime” law and block of dangerous law regulating media

[vc_row][vc_column][vc_column_text]We, the undersigned, call for the immediate repeal of the Anti-Cyber and Information Technology Crimes Law (“The Cybercrime Law”), as well as the review and reform of articles on internet surveillance and blocking of websites in the law on the regulation of the press and media (“The Media Regulation Law”).

The Cybercrime Law and the Media Regulation Law are only the latest steps in the Egyptian government’s attempt to impose full control over the flow of information online, as part of an effort to close the space for public debate and prevent the exercise of the fundamental right to freedom of expression. These actions must be opposed in order to defend Egyptians’ human rights.

Background

On 18 August, 2018, President Sisi ratified the Anti-Cyber and Information Technology Crimes Law (Cybercrime Law). The Egyptian parliament had already approved the law on 5 July, granting the government new powers to restrict digital rights and interfere with activists’ freedoms online. Only last month, the parliament also passed another dangerous law  (the Media Regulation Law) that would place under government regulation and supervision as member of the media anyone with a social media account that has more than 5,000 followers.

Egyptian authorities have a recent history of escalating attempts to restrict online freedoms. On 24 May 2017, Egypt began to block websites, mostly media related, on a mass scale; the number of blocked websites so far totals more than 500. Apart from an order to block 33 websites issued by the government committee that appraised and seized the funds of members of a banned Muslim Brotherhood group, it is unclear on what basis the other websites have been blocked. No decision has been published, whether by the courts or government departments, and no reasons have been provided as to why those websites ought to be blocked. Numerous attempts have been made to get the government to disclose the legal basis for blocking, and a number of lawsuits have been filed before the administrative judiciary.

Now, the ratification of the Cybercrime Law appears to be an attempt by the government to legalize the repressive steps it took more than a year ago, providing full authority for internet censorship.

The Cybercrime Law also authorizes the mass surveillance of communications in Egypt. Under the law, ISPs are required to keep and store customer usage data for a period of 180 days, including data that enables user identification, data regarding content of the information system, and data related to the equipment used. This means that ISPs have the data related to all user activities, including phone calls and text messages, websites visited, and applications used on smartphones and computers. The National Telecommunications Regulatory Authority (NTRA) can also issue an administrative decision obliging telecommunications companies to save “other data” without specifying what it is, and without stipulating it in the law.

National security entities (defined by the law as: Presidency, Armed Forces, Ministry of the Interior, General Intelligence, and Administrative Control Authority) were also granted the right to access and review the data referred to in the preceding paragraph. ISPs are also obliged to provide the “technical capabilities” to those entities.

This approach to impose mass surveillance on all users in Egypt is contrary to Article 57 of the Egyptian Constitution, which states: “Private life is inviolable, safeguarded and may not be infringed upon. Telegraph, postal, and electronic correspondence, telephone calls, and other forms of communication are inviolable, their confidentiality is guaranteed, and they may only be confiscated, examined or monitored by causal judicial order, for a limited period, and in cases specified by the law.”  Egypt has also signed and ratified the International Covenant on Civil and Political Rights (ICCPR), and must follow the guidance of the Human Rights Committee, the only official body charged with interpreting the treaty.

In addition, the law regulating the work of the press and media, the Media Regulation Law, which the President ratified on September 1, 2018, expands the power to censor individuals’ personal accounts on social media, if the account has at least 5,000 followers. The Supreme Media Regulatory Council has the right to block those accounts if it believes that they publish or broadcast false news, incite a violation of the law, violence or hatred, discriminate between citizens, or advocate racism or intolerance.

Call to action

The Cybercrime Law and the Media Regulation Law threaten the fundamental rights of Egyptians. They are overbroad, disproportionate attempts to give the government full control over cyberspace. Therefore, to protect Egyptians’ human rights, preserve the public domain, and keep open any space for exercising freedom of expression, the undersigned call on the Egyptian government to immediately repeal the Cybercrime Law and reform the Media Regulation Law.

Signed, a coalition of some of the world’s leading human rights and digital rights organisations from 25 countries,

7amleh – Arab Center for Social Media Advancement

7iber

Access Now

Americans for Democracy & Human Rights in Bahrain (ADHRB)

Article 19

Association for Freedom of Thought and Expression (AFTE)

Association for Progressive Communications (APC)

Bahrain Centre for Human Rights

Cairo Institute for Human Rights Studies (CIHRS)

Community Media Solutions

Committee to Protect Journalists (CPJ)

Democratic Transition and Human Rights Support Center (DAAM)

Derechos Digitales

Digital Rights Foundation

Electronic Frontier Foundation

Electronic Frontier Finland

Epicenter.works

Euromed Rights

Fight for the Future

Global Voices Advox

Gulf Centre for Human Rights

Humano Derecho Radio Estación

I’lam – Arab Center for Media Freedom Development and Research

i freedom Uganda Network

Index on Censorship

Internet Sans Frontieres

Kenya ICT Action Network

Fundación Karisma

Maharat Foundation

Majal.org

Motoon.org

DDHH Redes Ayuda

Open Media

Point of View India

REPORTERS SANS FRONTIÈRES / REPORTERS WITHOUT BORDERS

Social Media Exchange (SMEX)

Syrian Center for Media and Freedom of Expression

Software Freedom Law Center (SFLC)

Turkey Blocks

The Syrian Archive

Visualizing Impact

WITNESS

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Eight years for a Facebook video: Egypt must immediately release Mona el-Mazbouh

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Screenshot from Mona el-Mazbouh’s apology video.

Screenshot from Mona el-Mazbouh’s apology video.

The below signatories express grave concern for the status of free speech and expression in Egypt. The authorities continue to openly silence anyone who is critical of the Egyptian government and of the state of affairs in Egypt. The arrest of Lebanese tourist Mona el-Mazbouh last month is yet another episode in President Abdel Fattah al-Sisi’s continued crackdown on rights and freedoms. We call for the immediate and unconditional release of Mona el-Mazbouh, who was sentenced to eight years in prison earlier this month.

Background

Lebanese Mona el-Mazbouh, 24, posted a 10-minute video to her Facebook account in May after she was allegedly sexually harassed, a lived reality that is experienced on a daily basis by most women in Egypt. The video included profanity against Egypt and Egyptians. Mona was stopped and arrested on 31 May at Cairo airport before leaving Egypt, after her video went viral on social media. Egyptian lawyer Amr Abdelsalam had filed a report against her with the general prosecution, accusing her of insulting the Egyptian people and the president. Abdelsalam has asked that she be added to the scores of Egyptians barred from leaving the country while her case remains open and until her sentence is completed, and to later permanently prevent her from entering the country.

The Egyptian attorney general ordered the immediate referral of Mona to an expedited criminal trial on 3 June for insulting the Egyptian people on social media. The prosecution accused Mona of “spreading false rumours that aim to harm society and defame religions, as well as creating inappropriate content and displaying it through her Facebook page”.

A Cairo misdemeanours court sentenced Mona to eight years in prison on 7 July for publishing a video with indecent content, defaming religion, insulting the Egyptian people and insulting the president. She was also fined EGP10,700 (around $598 USD).

Draconian laws that curtail free expression in Egypt

Accusations such as insulting the Egyptian people or the president are a serious transgression of the right to freedom of expression, which is guaranteed and protected by the Egyptian constitution and international human rights law. Over the past two years, there have been rapid and disturbing developments concerning the closure of physical and digital public spaces in Egypt, and an increased surveillance of social media and digital content.

A few weeks before Mona’s arrest, on 11 May, Egyptian activist Amal Fathy was arrested two days after she posted a video on Facebook condemning sexual harassment and disapproving of the government’s negligence on the issue. Fathy was charged with “disseminating a video on social media to publicly incite overthrowing the government”, “publishing a video that includes false news that could harm public peace”, and “misusing telecommunication tools”.

In addition, the Egyptian government continues to draft and approve laws that significantly curtail freedom of expression online, while heightening surveillance and censorship of social media users. On 5 June, Parliament approved the final draft of the new Cybercrime Law, titled “the Law on Combating Cybercrimes” that legalises broad censorship of the internet and facilitates comprehensive surveillance of communications.

Most recently, Parliament also approved a final reading a bill allowing authorities to monitor social media users and combat “fake news”, whereby individuals whose social media accounts have more than 5,000 followers could be placed under the supervision of Egypt’s Supreme Council for Media Regulations.

These developments reinforce the troubling and ongoing trend in Egypt of silencing public discourse and shrinking civic space that has now led to Mona’s arrest and detention.

Urgent action required

Before her arrest, Mona published a second video addressing the public response she received for the first. In her second video, Mona apologised for the content of the first, and clarified that she was not making a political statement and did not mention the Egyptian President at all in her initial video.

She was initially sentenced to 11 years in prison, however, her sentence was reduced to eight years after her lawyer provided the court with evidence that she “underwent a surgery in 2006 to remove a blood clot from her brain, which has impaired her ability to control anger”. Mona awaits her appeal date set for 29 July.

The below signatories believe that Mona el-Mazbouh’s arrest is a violation of her basic rights and freedoms, and connotes an even bigger threat to the general state of free expression in Egypt. We demand the immediate and unconditional release of Mona el-Mazbouh, and request that all charges be dropped allowing Mona to leave and enter Egypt freely.

Signed,

Association for Freedom of Thought and Expression (AFTE)
7amleh – Arab Center for the Advancement of Social Media
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Article 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies (CIHRS)
Cartoonists Rights Network International (CRNI)
Electronic Frontier Foundation (EFF)
Freedom Forum
Human Rights Network for Journalists – Uganda (HRNJ-Uganda)
I’lam Arab Center for Media Freedom Development and Research
Independent Journalism Center (IJC)
Index on Censorship
Maharat Foundation
March
Mediacentar Sarajevo
Media Institute of Southern Africa (MISA)
Pacific Islands News Association (PINA)
Pen American Center
Pen Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
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Doughty Street Chambers: Egypt’s arbitrary detention of Amal Fathy clear violation of her rights

[vc_row][vc_column][vc_column_text]Leading human rights lawyers from Doughty Street Chambers have submitted a new complaint to the United Nations regarding Egypt’s treatment of Amal Fathy, the detained wife of a co-founder of the award-winning human rights group the Egyptian Commission for Rights and Freedoms (ECRF).

Ms Fathy was arrested after posting a video criticising sexual harassment in Egypt – of which she herself is a victim – to Facebook. After a police raid of their home in the early hours of the morning Ms Fathy, her husband Mohamed Lotfy and their two-year-old son were taken to a police station. Mr Lotfy and their son were released several hours later, but Ms Fathy has been charged with membership of a terrorist organisation and other related charges and remains detained.

Ms Fathy is a communications student and former activist and actress who is active on social media, where she advocates and expresses her views on ongoing issues in Egypt especially on women’s rights.

The complaint to the United Nations working group on arbitrary detention, submitted jointly with ECRF and global freedom of expression campaigners Index on Censorship, argues that Ms. Fathy’s arbitrary detention is a clear violation of her right to freedom of expression, her right to liberty and her right to freedom from arbitrary detention.

Caoilfhionn Gallagher QC of Doughty Street Chambers said: “Amal Fathy has now been detained arbitrarily for 74 days, in unsanitary conditions, without meaningful access to her lawyers, and away from her family and young son. Egypt has failed to explain the legal basis for her continued detention, but it is clear that whatever the pretext, this is an inhumane and illegal punishment imposed simply because she and her husband have undertaken peaceful and legitimate campaigning on human rights issues. Amal Fathy spoke out about the rights of women; now the Egyptian authorities are silencing her by holding her in prison for months on end, with no proper legal basis.”

Mohamed Lotfy said “ECRF is alarmed by the unprecedented wave of arrests of Egyptian human rights defenders, and Amal is one them, which shows a new trend of violations in one of the worst crackdowns on civil society in Egypt. The most worrying aspect of these resent cases is that they were all referred to State Security Prosecution on totally irrelevant charges such as joining terrorists groups. These charges, if referred to court by the Prosecution, could lead to sever sentences of imprisonment.”

Perla Hinojosa, fellowships and advocacy officer at Index on Censorship said: “Index calls on Egyptian authorities to immediately release Amal Fathy.  Freedom of expression should not be criminalised and the government’s continued attempts to silence activists and journalists through detention and the fear of detention is unwarranted.”

In May, Doughty Street — jointly with ECRF and Index on Censorship, lodged complaints with United Nations rapporteurs on freedom of expression and human rights defenders regarding Ms Fathy’s detention.   

Mr Lotfy is one of the leaders of ECRF, which has played a key role in increasing awareness of enforced disappearances, censorship, torture and violations of freedom of expression and association in Egypt. This has resulted in frequent incidents of harassment, arrest and detention of staff. ECRF received an Index on Censorship Freedom of Expression Campaigning Award in April 2018.

On July 15th, the Egyptian government enacted a controversial law which would monitor personal social media, blogs or websites with more than 5,000 followers. Authorities would have the power to block them if accused of publishing fake news, as interpreted by the government. This  crackdown on activists and journalists limits and controls freedom of expression further.

The organisations have asked the United Nations working group on arbitrary detention to issue a finding that Ms Fathy’s detention is arbitrary and in violation of Egypt’s obligations under international law, and to call for her immediate release, and to ask Egypt to investigate her unlawful detention and to award her compensation.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”Egypt” full_width_heading=”true” category_id=”147″][/vc_column][/vc_row]

Human rights groups demand Egypt release Amal Fathy

[vc_row][vc_column][vc_single_image image=”100868″ img_size=”full”][vc_column_text]Monday 18 June 2018 — Human rights groups expressed growing concern about Egyptian campaigner Amal Fathy and urged authorities to release her immediately.

Ms Fathy was seized by police on 11 May after posting a video about sexual harassment. Ms Fathy and her husband Mohamed Lotfy, co-founder of award-winning human rights group the Egyptian Commission for Rights and Freedoms, had their Cairo home raided by armed police in the early hours of the morning, and she, Mr Lotfy and their two year-old son were taken to a police station.

Mr Lotfy and his son were released several hours later but Ms Fathy remains in custody, where her health is deteriorating. Her lawyer has reported that Ms Fathy, a communications student, is suffering panic attacks in detention. Initially detained for 15 days, Ms Fathy’s detention has twice been extended, with no date yet set for a hearing.

The trigger for the arrest was a 12-minute Facebook video in which Ms Fathy complained about having been sexually harassed at a bank and the difficulties of being a woman in Egypt. Ms Fathy has since been charged with membership of a terrorist organisation.

Mr Lotfy is one of the leaders of  the Egyptian Commission for Rights and Freedoms, which coordinates campaigns for those who have been tortured or disappeared. Between August 2016 and August 2017, the ECRF documented 378 cases of enforced disappearance, many of them concerning students. In April 2018, ECRF was awarded an Index on Censorship Freedom of Expression Award.

Index on Censorship, together with international lawyers Doughty Street Chambers and ECRF, last month submitted a complaint on the treatment of Mr Lotfy and his son, and the continued detention of Ms Fathy, to the UN rapporteurs on freedom of expression and human rights defenders.

“We are seriously worried about Ms Fathy and the lack of due process in her case. This continued detention is already having a terrible impact on her own health not to mention that of her young son, for whom Ms Fathy is the primary carer,” said Index on Censorship CEO Jodie Ginsberg.

Egypt has seen an escalation in violence against women and prominent women human rights defenders and activists are routinely harassed and silenced by the authorities. A 2017 poll named Cairo as the most dangerous major city for women.

The organisations ask Egypt to release Ms Fathy immediately.

For more information, please contact Sean Gallagher at Index on Censorship: [email protected].

Signatories:

Article 19

The Arabic Network for Human Rights Information (ANHRI)

Civicus

Doughty Street Chambers

Front Line Defenders

Index on Censorship

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