Status regarding Budapest ConventionStatus : NA See legal profile
Jordan Government is committed to enhance its cyber security and, with the publication of its National Information Assurance and Cyber Security Strategy (NIACSS) in 2012, to set out its priorities for cyber security for Government, business and citizens. A National Cyber Security Strategy was adopted in 2018, that needs to establish two new structures: the National Cybersecurity Council and National Center for Cybersecurity.
State of cybercrime legislation
The Hashemite Kingdom of Jordan adopted a specific Cybercrime Law, that is, Law 27/2015 of 1 June 2015. It includes penal substantive rules, procedural rules and also rules on international cooperation. Jordan is in the process of modifying the cybercrime law, this bill having raised a series of discussions, “to ensure that the draft law does not undermine fundamental rights, such as the rights to privacy and free speech, which are safeguarded by the Jordanian Constitution”.
In 2019, Jordan has also adopted a CyberSecurity Law.
The Cybercrime Law includes the following crimes: illegal access (Article 3), network and information system sabotage (Article 4), unlawful interception (Article 5), credit cards and financial banking crimes (Article 6,7,8), pornography cybercrime (Article 9,10), slander and denigration (Article 11), illegal reproduction of protected program (Article 12), cyber evidence (Article 13), involvement, intervention or incitement (Article 13).
In addition, the penal code also criminalizes any actions used by cyber means and the communication law also includes provisions on cyber enabled crimes.
The general law which governs all criminal procedures is the Criminal Procedure Law number 9 from 1960 which is applicable to all crimes including cybercrime procedures.
These rules are governing the investigation procedures, collecting the evidence, search and seizure, and all trial procedures. Cybercrime specific rules are included in the cybercrime law.
General rules and safeguards apply. In particular, Articles 6,15,18 of the Constitution:
Article 6. Personal freedom shall be guaranteed.
- (i) The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law.
- (ii) Freedom of the press and publications shall be ensured within the limits of the law.
- (iii) Newspapers shall not be suspended from publication nor shall their permits be revoked except in accordance with the provisions of the law.
- (iv) In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books and broadcasts in matters affecting public safety and national defence may be imposed by law.
- (v) Control of the resources of newspaper shall be regulated by law.
Article 18. All postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to censorship or suspension except in circumstances prescribed by law.
Besides, the law mentions sometimes a requirement of intervention of a judge to authorise certain procedural measures and all the procedures are mentioned in the criminal procedures law.
Related laws and regulations
Besides an extensive legal framework on technical aspects, there are important acts on this field respecting:
- Communication Law
- Electronic Transactions Law
- Penal Code
- Prevention of Terrorism Law
Within the Prosecution, there is a specialized Cybercrime Office, with the scope to coordinate all the activities of the prosecutors, nationwide. There is no such structure for judges.
Furthermore, every judge goes through a qualification program of two years in the Judicial Institute. This training program includes cybercrime courses to be used for training of future judges. The institute provides courses on cybercrime.
In 2018, a National Centre for Cyber Security was established.
Sources and links
Penal Code (English, prior to 2011 amendments) - http://www.ahtnc.org.jo/sites/default/files/penal_code.pdf
On the Cybersecurity law and Strategy - https://www.mei.edu/publications/jordan-adopts-sweeping-cybersecurity-legislation