How did civil society organizations in West Asia and North Africa respond to the enactment of cybercrime laws? What are the most effective ways to advocate for change in a constantly changing digital and legal environment?
In recent years, authorities have increasingly relied on cybercrime laws to impose repressive measures. Frequently described as “draconian” by press freedom organizations, these laws carry severe penalties: violating a single provision can result in years of imprisonment and heavy fines. Journalists, activists, and human rights defenders are among the most common targets.
CSOs concerned with freedom of expression have often employed a wide range of advocacy methods to remediate against the enactment of repressive laws.
Despite these efforts, the findings of this MENA Case Study under the CADE Project aims to enhance the capacity of Civil Society Organizations (CSOs) for effective advocacy in multilateral and multistakeholder internet governance (IG) processes. Civil Society Alliances for Digital Empowerment (CADE) is a project co-funded by the European Union.
The MENA Case Study written by researcher Afnan Abu Yahia, found that civil society organizations (CSOs) in WANA have minimal and largely symbolic influence over cybercrime legislation, despite sustained advocacy efforts. Interviewees from various rights organizations consistently described lawmaking spaces as tightly controlled, with governments exploiting crises to fast-track restrictive laws under exceptional measures.
Countries studied: Iraq, Egypt, Jordan, Tunisia, Bahrain, and Saudi Arabia.
Main Findings:
- Direct and grassroots lobbying to governments was classified as the most effective method of advocacy, according to the interviewees.
- Raising awareness and coalition-building were among the most used methods of advocacy.
- Civil society’s impact on cybercrime legislation in the studied states had a limited impact on policymaking.
- CSOs’ advocacy has achieved isolated successes in cases where activists were prosecuted, but not a long-term durable change.
Some recommendations:
- Authorities should demonstrate a commitment to improving the drafting and enforcement of cybercrime laws by incorporating recommendations, reviews, and concerns from CSOs regarding the implications of such laws in the Arab region.
- Governments should establish or activate official channels for CSOs to engage in lawmaking processes, recognising the importance of their input. These channels could include consultations and public hearings designed to gather and consider opinions, concerns, and suggestions.
- CSOs should diversify their advocacy methods to effectively engage in the lawmaking process. This includes utilising direct and grassroots lobbying, which was identified as one of the most effective yet underutilized strategies.
- CSOs should invest in understanding the legislative processes in their countries, which will enhance their ability to engage meaningfully.
- International NGO engagement with national CSO campaigns, whether as partners or donors, should prioritize contextual needs, ensuring that local communities are considered when setting priorities and shaping recommendations.
As such, the case study provided concrete recommendations to drive actionable change. The case study called for targeted reforms that directly enhance civil society’s engagement in lawmaking.
This study was done as part of the Civil Society Alliances for Digital Empowerment (CADE) project.
SMEX is a nonprofit dedicated to safeguarding human rights in digital spaces across West Asia and North Africa. We advocate for safe and uncensored access to the internet, mobile services, and networked spaces for people in the region and the diaspora.
CADE aims to enhance the capacity of Civil Society Organizations (CSOs) for effective advocacy in multilateral and multistakeholder internet governance (IG) processes. It fosters inclusive participation, particularly from the Global South, and promotes a human-centric policy approach in shaping digital policies and standards.
Click here to read and download the MENA Case Study!
MENA-case-study-2024-CADE