Translated by Edie Elliott
With the rise of hate speech on social media platforms in recent months, there have been renewed calls to increase citizens’ legal awareness, especially with the increase in posts that disrupt social peace and national security under the guise of freedom of expression, which is not absolute and is subject to legal regulations.
Article 15 of the Constitution stipulates that freedom of expression is guaranteed by the state, and that every Jordanian has the right to express their opinion freely through speech, writing, photography, or any other means of expression, provided that they do not overstep the boundaries of the law.
This article makes it clear that freedom of expression is relative, and must take into account public order, morals, and the rights of others. These factors constitute the legal framework for regulating practices on social media, according to the law.
For its part, the Cybercrime Unit of the Public Security Directorate warns of the spread of a new concept: hate speech and the incitement of sectarian and religious strife through social media, stressing that it is actively combating such speech.
The director of the Awareness Centre for Human Rights, lawyer Taghreed Al-Daghmi, affirms in her interview with Amman Net that freedom of expression, while a fundamental right guaranteed by national laws and international standards, is not an absolute right, and rather is subject to conditions related to respect for the rights and reputations of others, the protection of national security, public order and health, and public morals.
Al-Daghmi explains that the freedom of the individual ends when it begins to harm or infringe on the freedoms of others. If freedom of expression becomes a means of violating these principles, we are faced with behaviour that is legally classified as a crime against social peace and may be considered as hate speech threatening national security.
What is Hate Speech?
Although there is no explicit definition of hate speech in locally applicable laws, according to Al-Daghmi, the internationally accepted legal understanding is that it refers to the use of offensive or derogatory language towards an individual or group on the basis of religion, race, gender, nationality, political orientation, or identity, whether through writing, speech, or behaviour.
She adds that this type of speech, especially on social media, can become a tool for the incitement of violence against certain groups, thereby disrupting social peace.
Al-Daghmi emphasises the importance of peaceful coexistence, pointing out that Jordanian society is characterised by religious, cultural, and social diversity, comprising Muslims and Christians, Circassians and Chechens, Bedouins and urbanites, as well as refugees and immigrants. She says that any speech that threatens this diversity and incites division is a direct threat to social cohesion.
Legal Texts Criminalising Hate Speech
There are various laws that deal with hate speech and discrimination, most notably the Cybercrime Law No. 17 of 2023, in which Article 15 states that anyone who says or does anything to incite religious, sectarian, ethnic, or regional strife, or discrimination between individuals or groups, will face one to three years imprisonment, a fine, or both.
Article 17 criminalises the publication, reposting, or promotion of any online content that threatens national security or social peace, enforcing a penalty of imprisonment for a period of no less than six months and a fine of up to 50,000 dinars, with the penalty increasing if the post leads to violence or the incitement to violence.
Jordan Penal Code No. 16 of 1960 and its amendments, according to Article 150, punishes any writing or speech that intends to or results in the incitement of sectarian or racial strife or the encouragement of conflict between sects with imprisonment for six months to three years and a fine.
Article 278 criminalises the act of insulting religious sensibilities and punishes anyone who publishes or says anything that could offend religious beliefs, incite sectarianism, or be seen to be showing contempt for religion.
Who is Liable Under the Law?
Al-Daghmi points out that legal liability does not cease due to ignorance of the law. When a person publishes offensive content on the internet, they cannot claim that they did not know that it constitutes a crime. This law does not exempt anyone from liability due to ignorance.
She also explains that legal procedures vary according to the nature of the offense. In cases of personal abuse, the victim has the right to file a complaint directly, but in issues that affect the public interest or involve public incitement, the public prosecution may act on its own initiative without a personal claim.
Speaking about how to avoid committing violations, Al-Daghmi explains that each individual has the right to embrace whatever ideas they want but expressing them must be done within the boundaries of the law, noting that adherence to regulations is the only way to protect individuals from liability.
She calls for the need to enhance the role of civil society organisations in spreading legal awareness, especially among young people most active on digital platforms, stressing the importance of cooperation with the national media to convey legal messages in clear and easy language.
Given this reality, the Awareness Centre, as part of the ‘Voice of Peace’ project, is releasing an awareness video for human rights training, explaining the legal texts that criminalise hate speech and posts threatening social cohesion, in an attempt to guide the public towards the responsible use of digital space.
