Cyber Law at Libya
Libya has enacted comprehensive legislation to address cybercrimes and regulate cybersecurity practices. Here's an overview of the key laws and regulations:
🛡️ Law No. 5 of 2022 Regarding Combating Cybercrimes
Enacted on September 27, 2022, this law provides a detailed framework for addressing cybercrimes in Libya Key provisions include:
Definition of Cybercrimes: The law defines cybercrimes as acts committed using computer systems, the international information network, or other means of information technology in violation of its provisions
Offenses Covered: It covers a wide range of offenses, including hacking, identity theft, cyber terrorism, unauthorized access to information systems, interception or tampering with data, possession and use of decoding programs, damaging information systems for financial gain, and promoting undesired goods
Penalties: Penalties for these offenses vary and can include imprisonment, fines, or both, depending on the severity of the offense
Regulation of Technology Use: The law regulates the lawful use of technology, ensuring that the use of the international information network and modern technology is lawful unless it violates public order or morals or harms others
Privacy and Monitoring: It addresses the privacy of websites and digital information systems, prohibiting unauthorized access, deletion, destruction, disabling, alteration, transfer, or copying of data It also allows for the monitoring of modern technology publications and the blocking of pornographic or indecent websites
Digital Forensic Evidence: The law outlines the handling of digital forensic evidence and the penalties for its destruction or tampering
International Applicability: The provisions of the law apply to crimes committed within Libya or outside Libya, provided their results and effects extend within Libya
🛡️ Decision No. 150 of 2024 on Regulating the Activity of Practicing Cybersecurity Services
Issued by the Minister of Economy and Trade on March 31, 2024, this decision establishes a regulatory framework for practicing cybersecurity services within Liby. Key aspects include:
Regulatory Framework It sets forth definitions, requirements for practicing permits, and operational standards for service providers in the cybersecurity domain.
Licensing Requirements Service providers are required to obtain valid practicing permits and renew their commercial licenses to ensure alignment with national standards and legal requirement.
⚠️ Concerns and Criticisms
Despite its comprehensive nature, Law No. 5 of 2022 has faced criticism from civil society organizations and human rights group. Concerns include:
Freedom of Expression The law's broad and ambiguous definitions may limit freedom of expression online and grant authorities the liberty to target and suppress human rights activists and defenders, and restrict press freedom.
Surveillance and Censorship The law grants authorities the power to monitor and censor content published on social media and other technical platforms, and to block websites without judicial order.
Lack of Stakeholder Engagement The law was enacted without prior notice and in complete disregard of demands from civil society organizations and UN Special Rapporteurs for the law to be withdraw.
For detailed information, you can refer to the official texts available on the Law Society of Libya's website.
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