Morocco reinforces its digital policies

In a context of increasing vigilance over the use of social networks, Morocco has adopted a firm stance to confront those who, through these platforms, deliberately attack the country's image and its foreign relations. The recent prison sentence of an Islamist activist for publications considered offensive to Saudi Arabia reflects this new policy. 

Last Monday, the Court of First Instance of Khouribga sentenced Mohamed Boustati, a member of the Islamist opposition group Al Adl Wal Ihsan (Justice and Charity), to one year in prison for defamation after he posted on Facebook about the war in Gaza in a way that was interpreted as an attack on Saudi institutions and symbols. The complaint came from the Saudi Investigation Department, and despite Boustati's claim that his account had been hacked, the court considered that there was sufficient evidence to convict him. 

The officially banned group Al Adl Wal Ihsan is Morocco's most prominent opposition organisation and one of the most active supporters of the Palestinian organisation Hamas. 

This case is not an isolated one. At the beginning of March, another court in Casablanca sentenced the activist Fouad Abdelmoumni, secretary general of the Transparency section, to six months in prison and a fine of 2,000 dirhams (approximately 200 euros) for insulting state institutions on social networks during the official visit of French President Emmanuel Macron. The post included an expression offensive to the country and an attack on the state. 

The Moroccan authorities have emphasised their commitment to combating defamation and the spread of fake news in the digital environment. The Ministry of the Interior has denounced the use of social networks and other websites to attack national security institutions, spread disinformation and undermine trust in public institutions. According to the deputy prosecutor of the Court of First Instance of Casablanca, these publications exceeded the limits of freedom of expression and constituted elements of a crime punishable by law.  

In response to these challenges, the Moroccan government is implementing a series of legal reforms to strengthen the protection of the digital space. The Minister of Justice, Abdellatif Wahbi, has announced the preparation of comprehensive legal amendments to combat cybercrime, seeking a balance between the protection of digital rights and freedom of communication. Wahbi emphasised that Morocco is facing an unprecedented technological boom that has led to the emergence of new legal challenges, such as electronic fraud, the spread of fake news, digital slander and defamation, as well as the online grooming of individuals for criminal purposes. 

These efforts are not new. Morocco has been strengthening its legal framework since 2003, with reforms to the Penal Code and the enactment of laws for data protection and electronic transactions. These reforms included a military justice law to combat cybercrimes that could affect national defence systems. In addition, the country has ratified international agreements such as the Budapest Convention in 2018 and the Second Additional Protocol on the Criminalisation of Racist Acts Online in 2022, which has strengthened cooperation with service providers to access electronic evidence during criminal investigations or proceedings. 

Morocco's stance also responds to the need to adapt to rapid technological advances and the expansion of e-commerce, which have brought with them new digital risks. The Kingdom has been actively involved in the drafting of a comprehensive international convention on combating the use of information and communications technologies for criminal purposes, the framework of which will be submitted to the United Nations General Assembly for ratification. 

Likewise, the provisions of this convention focus on establishing simple mechanisms for issuing orders and requests to service providers in other countries, in order to disclose information about subscribers or their movement data. It also includes measures to protect personal data and improve cooperation in joint criminal investigations. 

Observers consider this firmness necessary to prevent social networks from becoming a vehicle for chaos and the spread of destructive ideas. They argue that freedom of expression must be exercised responsibly, respecting the rights of others and opposing the dissemination of messages that could affect coexistence and harmony between nations. 

With these measures, the Kingdom seeks not only to protect its reputation and foreign relations, but also to ensure that freedom of expression in the digital environment is exercised with responsibility and respect for others, in a global context of increasing interconnection and digital challenges.