Crimes of Electronic Defamation, Libel, and Slander under Jordanian Cybercrimes Law
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Abstract
This article aims to examine how the Jordanian Cybercrimes Law (No. 27 of 2015) addresses the crimes of electronic defamation, libel, and slander, to develop a better understanding of how these crimes can be combatted, as they are the most widespread cybercrimes committed in Jordan. This article uses a mixed-methods approach using descriptive and analytical methods. The descriptive method is used to outline the special nature of the crimes of electronic defamation, libel and slander, as well as related substantive and procedural rules. Meanwhile, the analytical method is used to determine how these crimes are considered in the existing literature, including both primary and secondary sources. This article has several results, the most important being that it is irrational to rely solely on the Jordanian Cybercrimes Law to address electronic defamation, libel, and slander; instead, other legislation should be followed as well, such as the substantive and procedural rules within the Jordanian Penal Code and the Jordanian Code of Criminal Procedures. This article is a piece of original research that paves the way for future research on the adoption of a comprehensive legal framework tackling cybercrimes in Jordon.
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Electronic defamationElectronic libelElectronic slanderThe Jordanian Cybercrimes Law
Abdullah Al-Nawaysa, Crimes of Information Technology: Explanation of the Substantive Provisions in the Cybercrimes Law (1st edn., Darwael for Publishing & Distributing 2017).
Alisdair A. Gillespie, Cybercrime: Key Issues and Debates (Routledge 2015).
Jerome Hall, General Principles of Criminal Law (The Lawbook Exchange, Ltd. 2005).
Jonathan Clough, Principles of Cybercrime (Cambridge University Press 2015).
Joycelyn M. Pollock, Criminal Law (Routledge 2015).
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Mohammed Al-Khawaldeh, ‘The Special Nature of the Crimes Libel and Slander and Disgrace carried out through Social Access Sites’ (2020) IUG Journal of Sharia and Law Studies, Vol. 28, No. 2.
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Susan W. Brenner, Cybercrime and the Law: Challenges, Issues, and Outcomes (UPNE 2012).
II- Legislation:
The Council of Europe’s Convention on Cybercrime, European Treaty Series - No. 185, Published 2001.
The Jordanian Code of Criminal Procedures, as amended (No. 9 of 1961) page 311 of the Official Gazette (No. 1539) dated 16 March 1961.
The Jordanian Cybercrimes Law (No. 27 of 2015) page 5631 of the Official Gazette (No. 5343) dated 1 June 2015.
The Jordanian Penal Code, as amended (No. 16 of 1960) page 374 of the Official Gazette (No. 1487) dated 11 May 1960.
The Law of Magistrate Courts (No. 23 of 2017) page 4608 of the Official Gazette (No. 5474) dated 1 August 2017.
III- Case-Law:
Amman Magistrate Court, in its criminal capacity, Decisions (No. 12507/2020) dated 30 November 2021.
The Amman Court of First Instance in its Appellate capacity, Decisions (No. 2586/2018) dated 23 May 2018.
The Jordanian Cassation Court, in its civil capacity, Decision (No. 5189/2018) dated 5 March 2019.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 65/2022) dated 29 March 2022.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 1190/2022) dated 7 April 2022.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 1290/2021) dated 27 July 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 1381/2021) dated 27 July 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 1573/2021) dated 8 July 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 1618/2020) dated 24 August 2020.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 2478/2021) dated 5 October 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 3346/2021) dated 15 November 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 3478/2021) dated 24 November 2021.
The Jordanian Cassation Court, in its criminal capacity, Decision (No. 4171/2021) dated 21 February 2022.
IV- Other References:
Mohamad Almajali, ‘The Problem of Electronic Defamation, Libel and Slander’s Crimes and the General Rules in the Penal Code’
The Law Interpretation Bureau, Decision (No. 8/2015), the Official Gazette (No. 5367) dated 16 November 2015.