December 19, 2024
1. Introduction
Since the October 2023 Israeli offensive in Gaza, many activists, journalists, political party members and other Jordanian residents have taken to the streets and to social media to express their solidarity with Palestinians and criticise Jordan’s economic and political ties to Israel. In response, the authorities ramped up their repression, including by violently attacking peaceful protestors and imprisoning online users. This repression was enabled by the application of laws that do not align with international standards, including the Cybercrime Law, the Penal Code and the Crime Prevention Law.
2. Crackdown on online pro-Palestine activism
A significant number of pro-Palestine activists and journalists have been arrested or arbitrarily detained for various reasons, including social media posts supporting Palestine and calling for Gaza demonstrations, sharing posts or opinion articles criticizing Jordanian authorities’ ties with Israel, appearing in widely-circulated videos while participating in pro-Gaza sit-ins.
The contents of these social media posts are protected under the right to freedom of expression enshrined in article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Jordan ratified in 1975. According to the UN Human Rights Committee, it is not compatible with the right to freedom of expression “to invoke laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, […], human rights defenders, or others, for having disseminated such information.” Therefore, prosecuting individuals based on such social media posts constitutes a clear violation of their right to freedom of expression, and of Jordan’s international obligations.
2.1 Cybercrime Law
The Jordanian authorities have repeatedly weaponised the Cybercrime Law to punish individuals expressing pro-Palestine sentiments or criticism of Jordan’s ties to Israel online.
On 13 August 2023, Jordan introduced major amendments to its existing Cybercrime Law of 2015. With these new amendments, the Jordanian authorities’ stated goal was to “enhanc[e] privacy of online users” and combat “misinformation and disinformation pertaining to national security and economy”, while ensuring that “Jordanian journalists are protected by press and publication law and other laws”.
According to Amnesty International, the 2023 law expanded the scope of the existing 2015 Cybercrimes Law with new provisions which unduly restrict the right to freedom of expression and contravene Jordan’s obligations under international human rights law. The UN Office of the High Commissioner for Human Rights (OHCHR) stated that the 2023 Cybercrimes Law “unduly restricts and criminalises online activities by individuals and organisations”, “target[s] the content of online expression”, and “fail[s] to comply with international human rights law requirements of legality, legitimate aim, necessity and proportionality for restrictions on the right to freedom of expression”.
Specifically, Jordanian authorities have repeatedly used articles 15 and 17 to prosecute and sentence individuals expressing pro-Palestinian views on social media since August 2023.
Article 15 of the Cybercrimes Law reads as follows:
Whoever intentionally sends, resends, or publishes data or information through an information network, information technology, information system, website, or social media platforms that includes fake news targeting the national security and community peace, or defames, slanders, or contempt any person shall be imprisoned for a period of not less than three months or a fine of not less than (5,000) five thousand Dinars (around USD 7,000) and no more than (20,000) twenty thousand Dinars (around USD 28,200), or both penalties.
The crimes stipulated in Paragraph (a) of this Article shall be prosecuted by the Public Prosecution without the need to file a complaint or claim a personal right if it is directed at one of the authorities in the state, official bodies, public administrations, one of its members, or any public servant while carrying out his job or because of what he did by virtue of it.
This article is particularly concerning as it , allows the public prosecutor to initiate the prosecution of individuals if the crime is directed at a state authority “without the need to file a complaint or claim a personal right”. As a result, any critic of public authorities could be automatically charged if the content is deemed to be “fake”. Such provisions contravene international human rights law, which considers that public figures are legitimately subject to criticism and political opposition, and that States should treat defamation as a civil matter.
Regarding the “fake news” component of the article, the former Special Rapporteur on Freedom of Expression noted that “general prohibitions on the dissemination of information based on vague and ambiguous ideas, including “false news” or “non-objective information”, are incompatible with international standards for restrictions on freedom of expression and […] should be abolished”. The current Special Rapporteur on Freedom of Expression also stated that “the right to freedom of expression applies to all kinds of information and ideas, including those that may shock, offend or disturb, and irrespective of the truth or falsehood of the content.”
Moreover, article 17 of the Cybercrimes Law reads as follows:
Whoever intentionally uses an information network, information technology, information system, website, or social media platform to spread what is likely to stir up racist or sedition, targets social peace, incites hatred, calls for or justifies violence or insults religions, shall be punished by imprisonment from one year to three years or a fine of no less than (5,000) five thousand Dinars (around USD 7,000) and no more than (20,000) twenty thousand Dinars (around USD 28,200), or both penalties.
Regarding the reference to “targeting national security and community peace” and “targets societal peace” in articles 15 and 17 of the Cybercrime Law, the former UN Special Rapporteur on freedom of expression stated that any restrictions under article 19(3) of the ICCPR pursuing the protection of national security should “be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime or power group”. Additionally, limitations on the ground of public order “must be limited to specific situations in which a limitation would be demonstrably warranted”. Neither Article 15 or 17 meet this threshold, instead imposing undue restrictions on the right to freedom of expression.
2.2 Penal Code
Furthermore, Jordanian authorities have routinely invoked provisions of the Penal Code to prosecute and sentence online pro-Palestine activism, including article 149 and article 196.
Article 149 of the Penal Code reads as follows:
Anyone who commits any act that would undermine the political system of government in the Kingdom or incites opposition to it, and anyone who commits any individual or collective act with the intent to change the economic or social entity of the State or the basic conditions of society shall be punished with temporary hard labour.
Concerning the inclusion of the terms “slander”, “defamation” and “contempt”, and “undermining the political system” in article 15 of the Cybercrime Law and articles 149 and 196 of the Penal Code, the Human Rights Committee expressed that “the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties” and that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition”.
All of these articles are overly broad and fail to meet the principle of legality. Their wording allows for wide interpretation and does not align with international human rights law and standards that would allow individuals to foresee any potential penalties and regulate their conduct accordingly. In this regard, the Human Rights Committee noted that “a norm, to be characterized as a ‘law’, must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly and it must be made accessible to the public. A law may not confer unfettered discretion for the restriction of freedom of expression on those charged with its execution”.
We therefore affirm that these provisions of the Cybercrimes Law and the Penal Code are not compliant with international human rights law and standards, and therefore contravene the right to freedom of expression.
3. Crackdown on peaceful pro-Palestine protests
In response to the recent peaceful demonstrations in solidarity with Palestine since the beginning of Israel’s genocide in Gaza, Jordanian authorities violently attacked demonstrators, including by firing tear gas into crowds, using batons to violently disperse demonstrators, and chasing down and beating individuals as they were removed from the streets. Jordanian security forces also arbitrarily detained over a thousand pro-Palestine protesters, many of whom have since been released.
The Jordanian authorities’ crackdown on peaceful protesters expressing support for Palestine, and certain provisions of the Penal Code and Crime Prevention Law, fail to comply with the right to freedom of peaceful assembly enshrined in article 21 of the ICCPR.
3.1 Crime Prevention Law
Governors have detained a number of pro-Palestine protesters “under their jurisdiction” under the Crime Prevention Law, through an administrative order with limited judicial review. The Crime Prevention Law has allowed the authorities to circumvent fair trial safeguards normally afforded in criminal proceedings under the country’s Law of Criminal Procedure.
Article 3 of the Crime Prevention Law stipulates that the governor has the authority to issue a request for any person to appear before them if they have sufficient reason to believe that this person meets any of the following requirements:
1. Anyone present in a public or private place in circumstances that convince the district administrator that he/she was about to commit a crime or to assist in its commission.
2. Anyone who habitually committed burglary or theft or had within his/her possession stolen property, or who habitually protected or sheltered burglars, or who assisted them in concealing stolen property or fencing it.
3. Anyone in a situation in which his/her release without a guarantee would constitute a danger to the people.
As such, this law has given governors administrative powers that should be the sole jurisdiction of the judiciary as they otherwise put at risk the rights to liberty and to fair trial. Consequently, the arrests, detentions and travel bans imposed under the Crime Prevention Law and without judicial oversight are arbitrary and therefore unlawful.
3.2 Penal Code
Jordanian authorities have sentenced many on charges of “unlawful gathering” under the Penal Code for their peaceful participation in protests in support of Gaza. The convictions of all peaceful protesters on the basis of such charges, are in violation of the right to freedom of peaceful assembly.
These protesters were sentenced on the basis of article 165(4) of the Penal Code. Article 165 reads as follow:
Whoever participates in an unlawful gathering shall be punished by imprisonment for a period not exceeding one year or by a fine not exceeding twenty-five dinars, or by both penalties together.
Whoever participates in a riot shall be punished with imprisonment for a period not exceeding one year or a fine not exceeding fifty dinars or both penalties together.
a. Whoever intentionally destroys or causes damage during an illegal gathering or riot to movable or immovable property belonging to others, such as building, properties, shops or vehicles, or whose action results in harm. As stipulated in article (344) of this law, the penalty shall be imprisonment for a period of not less than one year.
b. The penalty of imprisonment shall not be less than two years if such funds are owned by the state or allocated for public utilities or for public benefit uses, or if the act results in harm as stipulated in article (333) of this law.
If the unlawful gathering or riot results in beating or assaulting any person. Those mentioned in item (a) of paragraph (1) or in paragraph (2) of article (187) of this law shall be the penalty of imprisonment for a period of three years, taking into account the provisions of paragraph (4) of that article.
It is important to note that the Human Rights Committee has highlighted that “a failure to notify the authorities of an upcoming assembly, where required, does not render the act of participation in the assembly unlawful and must not be used as a basis for dispersing the assembly or arresting the participants or organizers, or for imposing undue sanctions”. Additionally, the Committee has sustained that “isolated acts of violence by some participants should not be attributed to other, to the organizers or to the assembly as such”.
As documented by MENA Rights Group, the activists who have been sentenced under this provision engaged in peaceful demonstrations, and the authorities have failed to provide any evidence that they had engaged in acts of violence. Therefore, the imposition of penalties under article 165(4) of the Criminal Code in response to their participation in peaceful protests is a clear violation of their rights.
4. The role of the GID and PSD security agencies
The General Intelligence Department (GID) and the Preventative Security branch of the Public Security Directorate (PSD) are mainly responsible for carrying out the arrests of pro-Palestine activists. They are Jordan’s primary intelligence and security agencies, respectively.
The PSD reports to the Ministry of Interior and the GID reports directly to the king as per Article 127 of Jordan's Constitution. The PSD is in charge of the police, prisons and border services while the general mandate of the GID is to “undertake intelligence tasks and activities for the sake of the security and safety of the Hashemite Kingdom of Jordan”. According to Democracy for the Arab World Now (DAWN), the Internal Affairs department of the GID is responsible for the ‘files’ of Jordanian activists inside the country and abroad.
In Jordan, the PSD and GID have frequently arrested political and pro-Palestine activists for acts related to the exercise of their right to freedom of expression. The arrests are often carried out by personnel in civilian clothing and without an arrest warrant. The GID’s extensive powers, including the possibility to extend pretrial detention for weeks or months at a time, to deny contact with the outside world or to conceal the identity of the detainees, provides a breeding ground for abuses.
Between 2018 and 2021, Human Rights Watch documented 10 cases of activists arbitrarily detained by the GID and the Preventive Security branch of the PSD. The arresting officers only identified themselves as belonging to one of these agencies in half of these cases, and in three cases activists were held in solitary confinement at the GID headquarters in Amman with limited or no light, and irregular or no visits from families and lawyers. In several cases, the GID told people to sign a pledge not to insult the king or the intelligence services. In its recommendations, Human Rights Watch called on the GID not to “exceed its intelligence mandate” and to “stop all interference with peaceful political opposition or dissent, including peaceful protests or other expression of dissent”.
In all cases documented by MENA Rights Group and Amnesty International of pro-Palestine activists prosecuted between August 2023 and August 2024 under the Cybercrime Law, members of security agencies failed to respect fair trial guarantees and/or engaged in intimidating behaviour or punitive treatment. Some individuals were summoned by phone, without formal follow up in writing, and they were not informed of the reason for their summons or charges against them in breach of their right to be informed of the reasons of arrest or detention. In some cases, individuals described being lied to about the reason of the summons. In other cases, authorities arrested the individuals without summons or prior notice of charges against them, security officers questioned them in the absence of a lawyer.
Additionally, the Jordanian authorities’ use of the State Security Court (SSC) to prosecute activists undermines multiple safeguards for a fair trial mandated under international law. The SSC is a special military court composed of military and civilian judges appointed by the Prime Minister, upon the recommendation of the Minister of Justice. In 1994 and 2010, the UN Human Rights Committee specifically recommended Jordan to abolish the State Security Court because of its lack of independence from the executive and close relationship with the Jordanian GID.
In one of the cases documented, a civilian pro-Palestinian activist, with no connection to the military, was tried by the SCC on charges under article 149 of the Penal Code.
We thus assert that the arrests conducted by the GID and the PSD fail to uphold international human rights law, as they grant their agents excessive power to circumvent fair trial safeguards resulting in arbitrary detention, torture or other ill-treatment, and incommunicado detention. Furthermore, the military nature of the SSC undermines the defendants’ right to a fair trial.
5. Individual cases
5.1 Kamil al-Zoubi
Mr Kamil al-Zoubi is a Jordanian political activist. In October 2021, the Jordanian Prime Minister filed a defamation complaint against him after he tweeted that the Prime Minister’s wife “received money by exploiting her husband’s position”. As a result, the Public Prosecutor ordered his arrest and charged him under several provisions of the 2015 Cybercrimes Law. Mr al-Zoubi was released 25 days later, after the Prime Minister withdrew his complaint. Following the adoption of the amended Cybercrimes Law, Mr al-Zoubi faced additional charges resulting in harsher sentences.
On 13 November 2023, Mr al-Zoubi was arrested in the northern city of Ramtha by around 20 officials in five cars belonging to the General Intelligence Directorate (GID) and the Preventive Security branch of the Public Security Directorate (PSD). The arrest occurred near the main Ramtha roundabout, at the end of a march that had taken place in support of Gaza. Security forces dragged him and pinned him to the ground on the main Ramtha roundabout. He was then taken to the Criminal Investigation Department of the Cybercrimes unit of the PSD in Abdali, Amman. Security forces confiscated his phone and interrogated him about a post he had published on his X profile (previously Twitter). The post featured a short video of trucks transporting United States equipment to Israel from bases within Jordan, with text asking for accountability of the Jordanian government in the weapons transfers to Israel. He was then transferred to the Hussein Security Center police station, and was presented before Jordan’s Public Prosecutor in Amman. Mr al-Zoubi was detained in Marka Prison for a week, pending investigation. His case was then transferred to the Amman Magistrate Court.
Mr al-Zoubi’s first hearing was set for 20 November 2023, but was postponed four times until 14 December. He was released on bail the same day, 14 December 2023, after a month in detention. Mr al-Zoubi was later sentenced to three months of imprisonment on the basis of article 15 (a) of the Cybercrimes Law.
On 7 April 2024, Mr al-Zoubi received a phone call from the Ramtha Brigade summoning him for further questioning, during which interrogators pressured him to stop posting Gaza-related posts on social media, and not to participate in the protests in al-Rabiah suburb of Amman, where the Israeli embassy is located and where there have been near-daily marches protesting the war on Gaza. Public officials told him that if he did not comply, he would be arrested. Mr al-Zoubi told MENA Rights Group that he therefore reduced his public activism in support of Palestine out of fear of being arrested again.
On 23 May 2024, a court of appeal upheld Mr al-Zoubi’s three-month prison sentence.
On 3 June 2024, Mr al-Zoubi informed MENA Rights Group that he was once more violently arrested by members of the GID and the Preventive Security branch of the PSD and detained in Marka prison to serve the remainder of his three months prison sentence. On the same day, he was transferred to Ma’an prison, 250 km away from Amman.
On 4 June 2024, during his time in prison, the Public Prosecutor opened an additional case against Mr al-Zoubi and charged him under article 15 (a) of the Cybercrimes law on the basis of 12 social media posts he had published in recent years, which notably criticised corruption in Jordan, shed light on cases of activists arbitrarily detained for their criticism of Jordanian authorities, expressed his support for Gaza, criticised Jordan’s support of Israel and the arrests of pro-Palestine activists and criticised the Cybercrimes Law.
On 13 July 2024, Mr al-Zoubi was released after having served his three months prison sentence. On 11 September, the court convicted him in the new case under article 15 (a) of the Cybercrimes Law and sentenced him to a fine of 5,000 dinars (around USD 7,000).
On 18 September, his lawyer filed an appeal to the Amman Court of First Instance, claiming that the Public Prosecution had not provided any evidence that the social media posts were false or contained incorrect information, and claiming that the content of these posts fell within the scope of al-Zoubi’s right to freedom of expression pursuant to international human rights law.
On 31 October 2024, Mr al-Zoubi was sentenced to 6 months of imprisonment for a Facebook post he had published in 2022, in which he highlighted a political detainee’s allegations of torture and advocated for his release. He was convicted of defaming an official body, pursuant to Article 191 of the Penal Code and article 15 of the Cybercrimes Law. This case had initially been filed against him in September 2022, by the Public Prosecutor of Amman, and his trial had been postponed a number of times since. Kamil's lawyer is currently preparing to file an appeal.
5.2 Sameer Jaber Nemrawi
Sameer Jaber Nemrawi is a Jordanian teacher who was prosecuted for calling for demonstrations in support of Gaza and criticising the economic situation of Jordan on his social media platforms.
On 7 November 2023, security forces raided Mr Nemrawi’s house while he was out, without a search warrant, severely damaging his furniture. The same day, he was arrested on a street in Irbid governorate by members of the GID and the Preventive Security branch of the PSD, who dragged and beat him. He was charged with “unlawful gathering”, “spreading false news targeting the national security and community peace”, and “insulting a symbol of the state” under the Cybercrimes Law and the Penal Code. Later in November, he was sentenced to one year in prison.
While in detention, Mr Nemrawi has been subjected to physical violence, psychological pressure and intimidation. In April 2024, he was arbitrarily deprived of family visits, which he believes is an additional form of reprisal for his support for Gaza. On 28 April 2024, Mr Nemrawi’s elderly mother came to Marka prison in an effort to visit him, but members of the PSD and of the prison administration denied the visit. During the month of April, he was only allowed to contact his family by phone on one occasion.
On 5 May 2024, Mr Nemrawi’s sister went to Marka prison to visit her brother, but members of the prison administration and of the PSD informed her that Mr Nemrawi is being denied prison visits until further notice after being charged with "resisting security personnel" while in detention in Marka prison. His sister insisted on seeing her brother, and the prison administrator finally allowed her to visit him for 5 minutes, upon the condition that the visitation denial would remain in force until a final decision was issued by the prison administration.
During Mr Nemrawi’s sister’s short visit to her brother, Mr Nemrawi told to her that he had been severely beaten by members of the GID and of the Preventive Security branch of the PSD. He explained to her that he did not resist them, and held that his charge of "resisting security personnel" was a false accusation.
Shortly after, Mr Nemrawi was transferred to Ma’an prison in southern Jordan, where visits were permitted again. However, since Ma’an Prison is approximately 350 kilometres away from his family, he was able to receive very few visits.
On 26 August 2024, Mr Nemrawi was released from prison on bail.
On 10 October 2024, Nemrawi was arrested again. On 13 October he was presented before the public prosecutor in Amman and charged under the Cybercrime Law for posts criticizing the poor state of Jordanian prisons and prisoners. Shortly after, he was sentenced to three months in prison and is currently held in Marka prison.
5.3 Fatima Shubeilat
Fatima Shubeilat was arrested by security forces on 17 April 2024 at a shopping mall in the Marj al-Hamam area of Amman without prior notice after a video circulated on social media of her participating in a pro-Gaza sit-in near the Israeli embassy in Amman on 30 March 2024.
She was taken to the Central Amman Police Directorate of the PSD, then transferred to the Cybercrimes unit of the PSD in Abdali, Amman, where she was questioned in the absence of a lawyer. She was then taken into custody at the Hussein Security Centre, a police station in Amman. That day, her request for bail was denied without any justification.
The next day, on 18 April 2024, she was presented before the Public Prosecutor and charged under articles 165(4), 185, and 196(2) of the Penal Code for “unlawful gathering”, “resisting security personnel” and “insulting a public official”. The Public Prosecutor initially accepted her request for bail but then reneged, saying that the Cybercrimes Unit had initiated another case against her under articles 15 and 17 of the Cybercrimes Law, returning her to the Hussein Security Center.
On 19 April 2024, Ms Shubeilat was once again presented before the Public Prosecutor, who decided to detain her for a week in Juwaida Correction and Rehabilitation Center. On 21 April 2024, the Prosecutor refused to release her on bail or opt for alternatives to her detention. On 23 April 2024, her request for bail was denied for a third time by the Public Prosecutor.
On 30 April 2024, the Public Prosecutor agreed to release Ms Shubeilat pending trial. She remains at liberty pending trial for both cases under the Penal Code and Cybercrimes Law.
5.4 Hiba Abu Taha
Hiba Abu Taha is a Palestinian-Jordanian freelance journalist who was arrested by security forces without prior notice on 13 May 2024 while she was driving her car in the town of Ain al-Basha, northwest of Amman, following a complaint filed by the Jordanian Media Commission, a governmental agency responsible for enforcing press laws and regulations. The complaint was in relation to her article in Sahat al-Tahrir, titled “Jordan’s role in defending the enemy entity”, in which she criticized Jordan for intercepting Iranian missiles aimed at Israel in April 2024. Ms Abu Taha also criticised the Jordanian government’s foreign policy.
Ms Abu Taha was moved between multiple police directorates until she was transferred to Juwaida Correction and Rehabilitation Centre, where she is currently held.
On 28 May 2024, her bail request was denied. On 11 June, a criminal court in Amman sentenced her to one year in prison under article 15 of the Cybercrimes Law for “using the information technology and information network or social media platforms to spread false news, or insult or defame a governmental authority or official body”, as well as under article 17 of the Law for “inciting strife or sedition or threatening societal peace or inciting hatred or violence”.
On 23 June 2024, Ms Abu Taha’s lawyer, Rami Awadallah, appealed the verdict. The appeals court confirmed the verdict and sentence on the same day without holding a hearing session. The sentence of one year imprisonment by the Appellate Court is final according to Jordanian procedural law.
The case of Ms Abu Taha is the longest prison term that MENA Rights Group has documented under the new Cybercrimes Law.
6. Conclusions and requests
MENA Rights Group calls on Jordanian authorities tor halt the ongoing crackdown against peaceful protesters, journalists and activists expressing support for Palestinians and/or criticising the authorities. MENA Rights Group urges the government ensure the immediate and unconditional release of all those who have been detained solely for their exercise of the rights of freedom of expression and peaceful assembly.
The Jordanian authorities should take the steps necessary to protect peaceful activists and other critical voices to enable them to carry out their activities safely and without fear of reprisals.
Jordan should also limit the power of security agencies to conduct arrests, detentions and trials of pro-Palestine activists and other individuals charged solely for exercising their rights to freedom of expression and peaceful assembly. These include the General Intelligence Directorate (GID) and the Preventive Security branch of the Public Security Directorate (PSD), and the jurisdiction of the State Security Court (SSC).
Finally, Jordan must urgently amend its national legislation, including its Cybercrimes Law, Penal Code and Crime Prevention Law, to comply with international human rights law and ensure the protection of the rights to freedom of expression and peaceful assembly.
