In Lebanon, no act can be considered a crime or penalized unless there is a clear legal text defining it. Therefore, penalties cannot be
imposed for actions not clearly defined by law, hence the need for a legal text that specifies its elements and the resulting penalties.
The current Lebanese Penal Code, which was established in the 1940s, does not include provisions related to cyber privacy violation
crimes, which complicates the issue of punishing perpetrators of these crimes in light of technological development.
Meanwhile, defamation in the digital space allows the dissemination of offensive or false information online with the aim of harming
someone's reputation or defaming them.
This type of crime is characterized by its rapid spread and ease of access to a wide audience, which increases the severity of the harm
that can be inflicted on an individual, necessitating the development of modern laws that keep pace with these modern challenges.
Online libel and slander crimes are among the modern legal challenges in Lebanon, as the internet is considered a public means that
enables the widespread dissemination of insults and defamation, potentially reaching millions of people through social media platforms
and email. This raises questions about the possibility of applying the provisions of the Lebanese Penal Code, particularly Articles 582
and 584, related to libel and slander crimes, to actions committed online. This issue also raises the need to consider whether the internet
is considered a means of publication according to Article 209 of the Penal Code, in addition to the necessity of regulating the judicial
jurisdiction to consider lawsuits of libel and slander committed online.
Towards a Safe Digital
Environment in Lebanon:
Lessons from the Digital Services Act
After much anticipation, the Digital Services Act (DSA), was issued October 2022 and entered into force on August 25, 2023, in all
European Union countries (19 countries officially). The law is a set of regulatory foundations aimed at protecting users from harmful
content such as violence and compelling major platforms to address these issues more effectively. The importance of this law lies in its
establishment of a potential global standard for platform governance, through which the Lebanese legislator can work on a similar
arbitration model. It also holds platforms fully responsible, upon its complete implementation, for the societal risks arising from the
use of their services and the need to be more transparent about how their algorithmic systems work and protecting their digital
community.
Despite the challenges, the law is expected to provide a safer environment, facilitate
the reporting of violence, protect victims, and promote trust through transparency
and accountability. Therefore, we see that developing and enforcing internet laws is
vital for several reasons:
To ensure a secure and inclusive digital space, Lebanon must develop and
enforce modern internet laws with the following objectives:
Providing Legal Protection for of all identities in the network society and
guaranteeing their rights to privacy and safety.
Providing preventive and deterrent legal frameworks
Activating self-regulatory mechanisms for accountability across
multiple departments and national executive authorities that help
hold perpetrators accountable and provide justice for victims.
Offering legal protection and psychological support to victims,
including legal resources, legal aid and protection measures.
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