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 OffenseRelevant Legal ProvisionsChallengesJudicial Response
Terrorist propagandaPenal Code Articles 47-49, 65Tracking encrypted contentLong prison sentences, network disruption
Hate speech and incitementPenal Code incitement provisionsEthnic tensions amplified onlineConvictions with heavy sentences
Dissemination of false newsPenal Code on public disorderRapid spread, panic creationImprisonment and public awareness efforts
Recruitment for terrorismTerrorism and cyber lawsCross-border coordinationLife sentences and cooperation with intl agencies
Defamation and threatsPenal Code on defamation, threatsBalancing security and freedomProtection 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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