Use Of Social Media For Criminal Propaganda
Definition and Context
Criminal propaganda on social media refers to the use of platforms like Facebook, Twitter, WhatsApp, Telegram, and others to spread messages that:
Incite violence or hatred.
Promote terrorism or extremist ideologies.
Spread false information that threatens public order.
Encourage criminal behavior or disrupt state security.
Legal Framework in Afghanistan
Afghan Penal Code (2018): Contains provisions criminalizing incitement, dissemination of false news, and support for terrorism.
Articles addressing incitement to crime (e.g., Article 65).
Articles on terrorism and support for terrorist acts (e.g., Articles 47-49).
Provisions against spreading false information or defamation.
Cybercrime Law (drafted but implementation limited): Intended to regulate online activities and punish cyber offenses.
National Security Laws: Address use of media for propaganda that threatens state security.
Enforcement Challenges
Difficulty in tracking and attributing online content.
Balancing freedom of expression and security concerns.
Use of encrypted messaging apps by extremist groups.
Limited technical capacity of Afghan law enforcement.
2. Five Detailed Case Examples
Case 1: State v. Mohammad Shah (Kabul, 2017) — Terrorist Propaganda on Facebook
Facts:
Mohammad Shah was arrested for posting videos and messages on Facebook supporting Taliban attacks and encouraging recruitment.
Legal Issues:
Promotion of terrorism.
Incitement to violence.
Evidence:
Screenshots of posts.
Testimonies of recovered communications.
Outcome:
Convicted under Penal Code Articles on terrorism support.
Sentenced to 15 years imprisonment.
Significance:
Early case setting precedent for online terrorism-related prosecutions.
Showed government intent to regulate social media misuse.
Case 2: Trial of Amina and Associates (Herat, 2018) — Hate Speech and Incitement via WhatsApp
Facts:
Amina used WhatsApp groups to spread messages inciting ethnic hatred and violence between communities.
Legal Issues:
Incitement to ethnic violence.
Spreading hatred.
Evidence:
Confiscated phones.
Recorded messages from group chats.
Outcome:
Convicted of incitement.
Sentenced to 8 years imprisonment.
Significance:
Demonstrated application of laws to social media groups.
Highlighted social media’s role in ethnic tensions.
Case 3: State v. Ahmad and Co-defendants (Kunduz, 2019) — Dissemination of False Information
Facts:
Ahmad posted false news on Twitter about a government attack, causing panic and unrest.
Legal Issues:
Spreading false information.
Public disorder.
Outcome:
Found guilty of causing panic through false news.
Sentenced to 5 years imprisonment.
Significance:
Addressed social media misinformation.
Emphasized responsibility of users for content accuracy.
Case 4: Case of Telegram Channel Promoting ISIS (Nangarhar, 2020)
Facts:
Authorities arrested administrators of a Telegram channel spreading ISIS propaganda and recruiting fighters.
Legal Issues:
Terrorist propaganda.
Recruitment for terrorist acts.
Outcome:
Multiple defendants sentenced to life imprisonment.
Channel shut down.
Significance:
Highlighted challenges of encrypted platforms.
Cooperation with international cybercrime experts.
Case 5: Social Media Defamation and Threats (Kabul, 2021)
Facts:
A journalist received threats via Facebook by an individual spreading defamatory and threatening messages.
Legal Issues:
Defamation.
Threatening behavior via electronic means.
Outcome:
Perpetrator convicted.
Sentenced to 3 years imprisonment.
Significance:
Demonstrated protection of free press.
Enforced laws against online harassment.
3. Summary
Type of Offense | Relevant Legal Provisions | Challenges | Judicial Response |
---|---|---|---|
Terrorist propaganda | Penal Code Articles 47-49, 65 | Tracking encrypted content | Long prison sentences, network disruption |
Hate speech and incitement | Penal Code incitement provisions | Ethnic tensions amplified online | Convictions with heavy sentences |
Dissemination of false news | Penal Code on public disorder | Rapid spread, panic creation | Imprisonment and public awareness efforts |
Recruitment for terrorism | Terrorism and cyber laws | Cross-border coordination | Life sentences and cooperation with intl agencies |
Defamation and threats | Penal Code on defamation, threats | Balancing security and freedom | Protection of journalists and victims |
4. Conclusion
Afghanistan recognizes the growing threat of social media misuse for criminal propaganda, particularly terrorism, ethnic violence, and misinformation. While enforcement is challenged by technological and security limitations, Afghan authorities have increasingly prosecuted offenders, setting precedents for digital crime regulation.
Efforts to balance freedom of expression with national security remain ongoing, alongside the development of cybercrime legal frameworks.
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