Jordan’s Enacted Cybercrime Law Poses Serious Threats to LGBT Community
Jordan’s recent enactment of an extensive cybercrime law, hastily approved by the king and surpassing its predecessor in severity, raises alarm for both online and offline rights, including freedom of expression and privacy. This legislation includes ambiguous clauses that could potentially target marginalized groups, including the lesbian, gay, bisexual, and transgender (LGBT) community.
The 2023 Cybercrime Law, specifically outlined in articles 13 and 14, imposes penalties for the creation, dissemination, or consumption of “pornographic content,” an undefined term, and material that “promotes, incites, assists, or encourages immorality.” Offenders could face a minimum of six months in jail along with fines. These provisions may be utilized to censor digital content related to gender and sexuality, affecting individuals who employ digital platforms to advocate for LGBT rights.
Furthermore, the law raises concerns about anonymity as it appears to prohibit the use of Virtual Private Networks (VPNs), proxies, and Tor. Such tools are frequently employed by LGBT individuals to ensure online security, thus presenting a dilemma where individuals must choose between protecting their identity and expressing their opinions freely.
A Jordanian LGBT rights advocate emphasized that this new legislation will “eliminate all forms of LGBT expression online” and escalate “intrusion into people’s private lives.”
The exploitation of cybercrime laws by Jordanian authorities to target the LGBT community, intimidate activists, and censor content relating to gender and sexuality has been a recurring issue. A 2023 Human Rights Watch report underscored the wide-ranging offline implications resulting from online targeting of LGBT individuals, as exemplified in Jordan. Many LGBT individuals expressed their inability to openly discuss their sexual orientation or gender identity online, with subsequent setbacks for LGBT rights advocacy.
An interviewee from Jordan recounted his 2021 six-month prison sentence based on the 2015 cybercrimes law that criminalized “online promotion of prostitution,” a consequence of seeking protection from online extortion. Another activist disclosed being regularly summoned by Jordan’s intelligence agency for interrogation whenever LGBT rights content pertaining to Jordan surfaces on social media.
The newly enacted cybercrime law is likely to exacerbate these patterns of abuse, intensifying censorship of free expression. It is imperative for Jordanian authorities to safeguard the rights of all citizens, including upholding online freedom of expression and digital communication privacy. The initial step entails repealing the 2023 Cybercrimes Law.