Ouahbi: New penal code tightens penalties for publishing news threatening public order

Morocco's upcoming penal code will introduce stricter penalties for publishing or sharing news deemed a threat to public order. Justice Minister Abdelatif Ouahbi revealed that the new legislation includes a specific article addressing the crime of disseminating false news, outlining aggravating circumstances.

“

The new penal code includes a special article for the crime of publishing false news, sharing it, or promoting it.

Ouahbi explained that these circumstances include instances where false news disrupts public order, incites panic among the populace, or interferes with the normal functioning of institutions. The Ministry of Justice has been working on reforms to combat evolving forms of cybercrime, particularly those related to the spread of misinformation.

“

Among what the article defines are aggravating circumstances related to this crime, especially if the false news causes disruption to public order or incites panic among people.

The proposed article aims to overcome practical challenges arising from fragmented and overlapping legal texts currently applied to such offenses. The minister emphasized that promoting false news is already an offense under the press and publication law, especially when facilitated by modern technological means.

“

The Ministry of Justice has been working on establishing a set of reforms concerning the legislative aspect of combating emerging forms of cybercrime, especially crimes related to publishing, sharing, or promoting false news.

Morocco's adherence to the Budapest Convention on Cybercrime in 2018 further strengthens its legal framework against electronic offenses. This convention promotes harmonized criminal policies among member states and aims to protect societies from cybercrime. The reforms are intended to provide a clearer legal basis for prosecuting offenses related to computer systems, including unauthorized access, illegal interception, data interference, and computer misuse.

“

The promotion of false or fake news is considered an act criminalized under the Press and Publication Law, especially if this promotion is done through one of the modern technological means or through other information and communication systems.