ÚÑÈí  16 Oct 2018


  • Digital Citizenship
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  • Legislative Framework

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    Legislative Framework
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    Egypt seeks to establish clear and specific rules for the protection of children on the Internet through developing a legal and legislative framework in accordance with the provisions of international conventions, specifically the United Nations Convention on the Rights of the Child of 1989; the Optional Protocols to the Convention on the Sale of Children; Child Prostitution and Child Pornography (OPSC); and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

    Egypt provides children online protection through two legislative systems; namely,
    A. Targeted legislative texts, including legal articles dealing with the issue of child online protection
    B. Indirect legislative protection, through legal provisions aimed at protecting Egyptian society as a whole, especially children

    1- Targeted Legislative Protection

    The most important legal texts to be listed in this category is Article 116-bis (a) of the Child Law No. 12 of 1996, amended by Law No. 126 of 2008. The article is considered a pivotal point in strengthening the legal approach for protecting Egyptian children from all sorts of online harms and abuses.

    Article (116-Bis-A):
    Any person importing, issuing, producing, preparing, displaying, printing, promoting, acquiring or broadcasting any pornographic materials involving children or are related to children sexual abuse shall be punished by imprisonment for not less than two years and a fine at no less than ten thousand pounds and at no more than 50 thousand pounds. Tools and equipment used to commit such crime and money resulted therefrom shall be confiscated. Moreover, places used in such crime shall be closed for at least six months, without prejudice to the rights of third party bona-fide.

    Notwithstanding any sever punishment stipulated in any other law, the same punishment shall apply on the following:

    a) Anyone using the computer, Internet or animation to prepare, keep, process, display, publish, print or promote any pornographic materials or activities that are related to instigating or exploiting children in prostitution and pornography or to slandering or selling such children

    b) Anyone using the computer, Internet or animation to instigate children to go astray, commit or to carry out illegal activities or pornography, even if no crimes did occur

    The National Committee on Child Online Protection, presented some amendments on this article to the legislative committee of the National Council for Childhood and Motherhood (NCCM).

    2- Indirect Legislative Protection

    In this context, there is a number of laws and articles that seek to protect members of the society as a whole, especially children, or criminalize child trafficking and exploitation in general, not specifically online. Those articles that regulate the use of technology tools to prevent illegal usage that may encourage online crimes, covering those against children, include:


    - Article 178 of the Penal Code: (Article 178 did not mention children explicitly).
    Whoever makes or holds, for the purpose of trade, distribution, leasing, pasting or displaying, printed matter, manuscripts, drawings, advertisements, carved or engraved pictures, manual or photographic drawings, symbolic signs, or other objects or pictures, in general, if they are against public morals, shall be punished with detention for a period not exceeding two years, and a fine of not less five thousand pounds, and not exceeding ten thousand pounds, or either penalty.

    - Law No. 10 of 2003 Telecommunication Regulation Law
    The Law regulates the provision of any telecommunication networks or any telecommunication service, thus legalizing the role of Internet Service Providers (ISPs) that play a vital role in protecting children online, and fines any ISP that violates those regulations. According to Articles 72, 73, 74, 75, 76, 77 and 86, any person provides a telecommunication service without a license from the National Telecom Regulatory Authority (NTRA), broadcasts, publishes or records telecommunication messages without licenses, or discloses any information related to telecommunication networks users, intentionally disturbs or harasses others by misusing of telecommunication devices shall be punished by imprisonment or a fine.

    - Article 95 of Law No. 150 of 1950 - Criminal Procedures Code
    This article gives the judge the right to give an order to monitor wired and wireless conversations or make recordings of conversations held in a special place if this was to provide an evidence in a felony or a misdemeanor punishable by imprisonment for more than three months.
    Although the Internet was not yet in use during the issuance of this law (1950), the legislator demonstrated a valuable foresight by including wired and wireless means of communications.


    - Law No. 120 of 2008 for Establishing Economic Courts
    These courts have a jurisdiction over criminal cases related to economic activities and investment operations. They cover those cases related to ICT technologies, including online crimes. Some measures were taken including:
    a. Databases Procedures: The General Administration of the Child Judicial Protection (GACJP), which is institutionally affiliated to the Ministry of Justice, amended the criminal database for children's issues to include Internet crimes in 2010.
    b. Capacity Building Procedures: Cybercrime issues were added to the capacity building curriculum prepared for judges and prosecutors at the “National Centre for Judicial Studies”.
    Several specialized trainings for judges and prosecutors were conducted in cooperation with cybercrime and child safety experts in international organizations and ICT multinationals. For instance, a workshop for judges on “cybercrime and child abuse” was organized by the National Centre for Judicial Studies (Cairo) in cooperation with the Ministry of Communications and Information Technology (MCIT), Microsoft and the Council of Europe in December 2009. Two courses were offered in 2011 about electronic criminal evidence for 200 judges and 200 prosecutors, organized by the Ministry of Justice in cooperation with Multinational Corporations (MNCs). This is in addition to numerous courses offered, in the past few years, by ICT companies to the Ministry of Justice.


    Related Publications
    Safer Internet Day Gamification Booklet
    Mar 2017
    The Ministry of Communications and Information Technology (MCIT) published the Safer Internet Day Gamification Booklet comprising a number of activities and games to enhance children awareness on the safer use of the Internet, in line with celebrating the Safer Internet Day.
    Facebook for Parents | Guide 2
    Feb 2012
    The personal wall on Facebook or what is recently known as the Timelines reflects the person’s character. It can be compared to a CV, except that the Timelines can describe both professional and personal lives of somebody. Since that the Timelines is a multimedia tool that can be used by both the owner and friends for updates, children must be aware of the seriousness of exposing one’s photos, personal information on his/ her wall and whom should access them.
    Facebook for Parents | Guide 1
    Apr 2011
    The Facebook Guide for Parents tackles various critical issues for the majority of the parents, starting from the nature of Facebook, the activities available and the risks of social networks in general. It also raises questions about safety, privacy, protection and supervision over Facebook accounts, especially concerning the children accounts.
    Arab Internet Safety Portal | Amanak
    Jul 2010
    This flyer presents an overview of The Arab Internet Safety Portal “Amanak” addressing the issue of online safety in the Arab region. The creation of the AIS was a decision of the 2nd International Executive Board meeting of the Internet Safety Project in 2009, to bridge a gap in existing Arabic resources and information related to the issue of family online safety.
    Educators' Internet Safety Focus Group
    Jul 2010
    In the framework of Cyber Peace Initiative activities, MCIT in collaboration with Ministry of Education and other stakeholders, set concepts for safe internet in the educational process. This is achieved by setting and spreading acceptable usage policy, enlisting safe Internet concepts in the educational curricula, and constituting the Educators group; containing members from all the governorates of Egypt. The Educators group aims at raising awareness of safe Internet in schools, training other educators on safe internet usage, and forming a new group of educators, minimizing the gap between the educators and the students, enabling and protecting children, making the best use of ICT tools, and real connection between the digital world and students.
    Parents' Internet Safety Focus Group
    Mar 2010
    The brochure provides an overview of the "Parents' Internet Safety Focus Group" and its role in improving the Cyber Peace Initiative. The Internet Safety Focus Group’s work revolves around using ICT to spread the culture of peace and empower the role of parents in protecting youth from cyber crimes.
    The Cyber Peace Initiative at The Internet Governance Forum
    Nov 2009
    The Cyber Peace Initiative at IGF brochure provides information about the number of activities and workshops that will take place on the sidelines of the Internet Governance Forum. CPI’s work revolves around using ICT to spread a culture of peace and empower youth in a safe knowledge society.
    Egyptian Youth Internet Safety Focus Group | Net-Aman
    Nov 2009
    An overview of the Focus Group 'Net Aman' which aims to help spread the culture of internet safe use among the youth.
    Family e-Safety Kit
    Feb 2009
    The family e-safety kit provides guidance to Egyptian families with children aged between 6 and 12 years to the safe use of the Internet via the story of two youngsters, Omar and Sara, their parents and the IT genius, Salma. The kit features four color-coded chapters that highlight the following key e-safety themes: security, communication, cyber bullying and entertainment. The kit also offers localized useful links and contacts, fun activities and challenging discussion topics. It also aspires to spark discussions about security, privacy and respect. The Family e-safety kit was elaborated by the Insafe network.
    "Smart" Rules on the Internet
    Feb 2009
    This brochure offers the basic five rules when accessing the internet, showing the adverse effects of not following them, in a nice way linking between letters of the word "smart" in Arabic, and the initials of the key words for the five rules.
    Be Smart on the Internet
    Feb 2009
    This brochure, issued by the "Childnet International", provides how to abide by smart rules when using the internet in a safe, positive and responsible manner, in addition to providing some pieces of advice concerning your mobile phone identity secrecy, and some tips when using your mobile phone in general.
    Egyptian Internet-Safety Parents' Focus Group
    Mar 2008
    The flyer provides guiding instructions for means by which parents and caregivers can protect their siblings from the dangers of the internet. The guide is a courtesy of Child Home International.
    Cyber Peace Initiative
    Mar 2008
    Version two of the baseline study for the Cyber Peace Initiative, sponsored by the Ministry of Communications and Information Technology. The initiative aims to provide Egypt's youth with training and opportunities for dialogue and partnerships with youth around the world, creating a platform for knowledge sharing, collaboration and experience exchange.
    Young People in the Internet and Mobile Age: Safe and Empowered | Conference Program
    Mar 2008
    The leaflet offers an overview of the detailed program of the conference "Young People in the Internet and Mobile Age: Safe and Empowered!" together with the biographies of all speakers.

    Related Documents
    Guidelines for Children on Child Online Protection
    Feb 2016
    Children Online Protection is a critical issue with the borderless nature of the Internet that requires a global, coordinated response. The report provides guidelines which can be adapted and used in a way consistent with national or local customs and laws.
    Guidelines for Parents, Guardians and Educators on Child Online Protection
    Sep 2014
    The guidelines for parents, guardians and educators provide recommendations on what they can do to make their child’s online experience a positive one. Research shows that more and more children are connecting to the Internet using game consoles and mobile devices, yet many adults are not even aware that these activities include internet connectivity
    Guidelines for Children on Child Online Protection
    Sep 2014
    The guidelines advise children on possible harmful activities online, such as bullying and harassment, identity theft, and online abuse. The guidelines also include advice to children seeing and experiencing harmful and illegal content online.
    Children’s Use of Mobile Phones | An International Comparison 2013
    Jun 2014
    Children’s use of mobile phones | An international comparison Report provides a detailed picture of children’s mobile phone behavior in Algeria, Egypt, Iraq and Saudi Arabia. Now in its fifth year, the 2013 study surveyed 3,560 pairs of children and their parents/guardians.
    GSMA Report on Children Use of Mobile Phones
    Mar 2014
    The report presents an international comparison for 2013 providing a detailed picture of children’s mobile phone behavior in Algeria, Egypt, Iraq and Saudi Arabia. Now in its fifth year, the 2013 study surveyed 3,560 pairs of children and their parents/guardians.
    Child Pornography, Model Legislation & Global Review
    Jun 2013
    The International Centre for Missing & Exploited Children (ICMEC) is leading a global movement to protect children from sexual abuse, exploitation and abduction. ICMEC’s work brings promise to children and families by: establishing global resources to find missing children and prevent child sexual exploitation.
    Child Online Protection
    Jan 2013
    The council of the Organization for Economic Co-operation and Development (OECD) presents its recommendations in order to face the risks surrounding children on internet. Since that the internet has reigned the world economically and socially, it has also become part of our children daily lives. Despite of all the internet benefits in the field of education or the personal development of children, internet put kids at risk of inappropriate content and abuse of others.
    Own your Space
    Feb 2012
    Linda MacCarthy, the writer of this book believes that building a positive online reputation is central to being a good digital citizen. However, the Internet, she assumes, provides ample opportunities for a single bad decision to affect your reputation for decades to come. This guide provides advice on how to help protect your online reputation from known threats—identity thieves, scammers, and self-inflicted damage. It also explains why it’s so important to protect your online reputation and what to do if it’s already been damaged.
    Children’s Use of Mobile Phones- an International Comparison 2011
    Feb 2012
    The GSMA and NTT DOCOMO’s Mobile Society Research Institute have partnered to investigate the growing use of mobile phones by children across the globe. This report provides a detailed picture of mobile phone use by children from the age of eight to eighteen, comparing use across geographically widespread markets at differing levels of development. This is to provide a greater understanding of how children use mobile phones, the role mobile technology plays in parent and child relationships and how children’s social attitudes may be influenced by its use.


    Related Documents
    1. Researching Children’s Rights Globally in the Digital Age
    1. Child Online Safety Research Paper




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