Morocco updates cybercrime laws to enhance citizen protection and privacy

In response to the increasing threat of cybercrime, Morocco is revising its legal framework to bolster the protection of its citizens and uphold their privacy rights. The initiative, led by Minister of Justice Abdellatif Ouahbi, includes implementing robust measures to combat cyber threats while ratifying pertinent international conventions.

Morocco, like many countries, has experienced a significant transformation in communication technologies. The rise of artificial intelligence has permeated daily life, affecting economic, social, and legal sectors.

In a written response to a parliamentary inquiry from Popular Movement MP Ibrahim Abba, Ouahbi highlighted that this technological progression presents new challenges. The surge in internet users and the expansion of remote transactions have correspondingly led to an uptick in cybercrime incidents.

Since 2003, Morocco has been actively revising its legal structure to fill gaps in its cybercrime legislation. The Penal Code has been strengthened to include provisions that criminalize and penalize attacks on automated data processing systems. Additional laws have been enacted under the new Military Justice Law, specifically targeting cybercrimes against information systems and websites managed by national defense authorities.

Moreover, Law No. 88.13, which governs the press and publishing sector, has established stringent legal frameworks by criminalizing offenses committed through audiovisual and electronic media. This law seeks to regulate online press activities and curb the misuse of digital platforms for illegal purposes, including fraud.

The Penal Code has also undergone amendments under Law No. 103.13, aimed at combating violence against women. New articles criminalize the unauthorized recording, distribution, or publication of private information, as well as the dissemination of false allegations that infringe on personal privacy. These measures are particularly relevant given the rising instances of electronic fraud.

International commitments to cybersecurity

On the international front, Morocco ratified the Budapest Convention on Cybercrime on June 29, 2018, further solidifying its legal framework against cyber threats. This treaty, initially adopted by the Council of Europe in 2001, harmonizes criminal policies among signatory states and aims to protect data confidentiality, integrity, and availability. It also criminalizes unauthorized access to systems and interception of communications.

Morocco has also endorsed the Additional Protocol to the Budapest Convention, signed on January 28, 2003, which addresses racist and xenophobic acts committed online. This protocol provides a legal structure to combat digital propaganda and hate crimes against foreigners.

In addition, on May 12, 2022, Morocco signed the Second Additional Protocol to the Budapest Convention, which was adopted by the Council of Europe in November 2021. This protocol simplifies the process for requesting subscriber information from foreign service providers, enhancing cross-border access to digital data.

Morocco is also engaged in a UN-led initiative to draft a global convention on cybercrime, following UN General Assembly Resolution No. 247/74. This effort aims to create a unified international framework to criminalize various offenses, including digital fraud, identity theft, and child exploitation.

To align with its international obligations, the Moroccan government is pursuing a series of legislative reforms. These reforms aim to modernize the legal system while safeguarding human rights and digital freedoms, ensuring that Morocco’s legal framework remains responsive to the evolving landscape of cybercrime threats.