EGYPT, March 26 - On March 1, 2023, Mada Masr News website announced that the Egyptian Public Prosecution had charged three of the outlet’s female journalists — Bissan Kassab, Rana Mamdouh, and Sarah Seif Eldin — with the crimes of spreading false information and misusing communication channels to violate the privacy of others, and using information technology to commit the crime of slander and defamation. In addition, the Public Prosecution charged the editor-in-chief of the website, Lina Atallah, with managing a website without a license.

On August 31, 2022, the three journalists published an investigative report about financial misconduct of members of the Nation’s Future Party. The report claimed that the party is planning to dismiss some of its members due to their involvement in financial corruption. In response, members of the Nation’s Future Party dismissed the allegations in the report and filed a complaint before the Public Prosecution. The complaint accused the three female journalists of disseminating false news and slandering the party’s members. The Nation’s Future Party holds the majority of seats in the Egyptian House of Representatives.

After interrogating the three female journalists and the editor in chief, the Public Prosecution decided to refer them to the criminal court. The prosecution charged the journalists and the editor-in-chief with a variety of crimes, including spreading false information, misusing communication channels to violate the sanctity of private life, and using information technology to commit the crime of slander and defamation.

Additionally, the Public Prosecution accused the editor-in-chief of establishing a website without the permission of the Supreme Council for Media Regulation (SCMR). Refuting this charge, the editor-in-chief stated during the interrogation session that she had submitted a request to obtain permission from the SCMR but had never received a response from the council.

Laws Governing the Offenses

The three journalists and the editor-in-chief will be tried under Law No 175 of 2018 on Cybercrime and Law No. 58 of 1937 on the Penal Code, as amended. If the court finds them guilty under these laws, they could face imprisonment. The editor-in-chief will also be tried under Law No. 180 of 2018 on the Press and the Media and the Supreme Council for Media. If she is found guilty under this law, she could be fined.

Law No. 175 of 2018 on Cybercrimes

Crimes on Infringement of Privacy

Article 25 of Law 175 of 2018 punishes whoever encroaches on the privacy of others by using emails or by any means of information technology with imprisonment for no less than six months or a fine 50,000 to 100,000 Egyptian pounds (about US$1,615 to $3,230), or both penalties.

Using Information Technology to Damage the Reputation of Others

Article 26 of Law 175 of 2018 also punishes any person who uses information technology to display content damaging the reputation of another person with imprisonment for no less than two years or a fine 100,000 to 300,000 Egyptian pounds (about US$3,230 to $9,690), or both penalties.

Crimes Committed by a Website Manager

Article 27 punishes anyone who manages a website for the purpose of committing or facilitating a crime punishable under Law No. 175 of 2018 on Cybercrimes with imprisonment for no less than two years or a fine 100,000 to 300,000 Egyptian pounds, or both penalties.

Law No. 58 of 1937 on the Penal Code

Spreading False Information

Article 80(d) of the Egyptian Penal Code punishes whoever deliberately spreads false information or rumors about the internal conditions of the country with six months’ to five years’ imprisonment and a fine. This provision does not mention a specific tool for disseminating such false information. It applies to any tool, whether in print or online, that the offender uses to disseminate such information.

Law No. 180 of 2018 on the Press and the Media and the Supreme Council for Media

Managing a Website without a Permit

Article 105 of Law No. 180 of 2018 punishes whoever manages a website without obtaining a permit from the Supreme Council for Media Regulation (SCMR) with by a fine of 1 million to 3 million Egyptian pounds (about US$32,300 to $96,905). In addition, the court is to order the closure and confiscation of the equipment, the devices, and their components that were used in running the website.

George Sadek, Law Library of Congress
March 27, 2023

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