Crime of harassment by communication

The Ministry of Communications and Information Technology “MCIT” works to create a secure, reliable and accessible infrastructure to build a digital system in Egypt and transform it into a digital society.

MCIT prioritizes maintaining a robust and adaptable infrastructure, developing and converging technologies, and maintaining a regulatory framework that make the investments in and growth of the Communications and Information Technology “ICT” sector.

The National Telecom Regulatory Authority “NTRA” was further empowered by Telecommunications Regulatory Law No. 10/2003, and NTRA acts as an independent regulatory Authority that oversees the telecommunications sector in Egypt and works to improve and expand the services it provides.

What is the harassment crimes via communications?

The crime of harassment via communications according to the Telecommunications Regulatory Law No. 10 of 2003, Article 76 stipulates that” Without prejudice to the right to appropriate compensation, anyone who conducts the below shall be punished by imprisonment and a fine of not less than five hundred pounds and not exceeding twenty thousand pounds, or one of these two penalties anyone who:

1. Uses or assists in the use of illegal means to conduct communications.
2. Intentionally disturbing or harassing others by misusing communications equipment”

It is the intentional disturbance or harassment of others by using a communication device, which results in disturbing the person’s peace and tranquility or disturbing his serenity or causing him boredom, as the aforementioned article criminalizes the act of intentional disturbance or intentional harassment of others by misusing communication devices. What is meant by disturbance or harassment here is that a person uses communications devices in a way that disturbs or harasses the other party. The legislator criminalizes this act if it occurs via any communications device, whether it is a telephone, a computer device that receives data and information, e-mail, the Internet, television communication, or other means of communication. Any disturbance or harassment that occurs via all of these devices constitutes a crime according to Article 76 from the abovementioned Law.

Telecommunications Regulatory Law and the crime of harassment and annoyance through communications

The Telecommunications Regulatory Law was built on the philosophy that the law should be including everything related to the telecommunications sector, so the law included a chapter for some crimes. Most of these crimes generally communicate to the service providers to clarify the penalties for violating the controls stipulated such activity according to this law. While some other crimes communicate users of telecommunications means, such as the crime of using illegal means to make communications, and the crime of intentionally disturbing or harassing others by misusing telecommunication devices, which is a crime that has been directed at a large number of users during the last two decades.

In 2018, the Anti-Information Technology Crimes Law was issued. unlikely the Telecommunications Law, which included one form of the crime of intentional disturbance, the Anti-Information Technology Crimes Law expanded the forms of criminalization of “Intentional Disturbance” and “Misuse of telecommunications devices.” With the unclear wording included in the Anti-Information Technology Crimes Law and the general wording included in the Telecommunications Regulatory Law, there has been a dual application of multiple penal texts in different laws.

Crimes of harassment via communications conditions

The conditions of electronic crimes are as follows:

1. The element of publicity is not a component of the crime of intentionally disturbing others by misusing communications devices, including the “WhatsApp” feature, as the crime of disturbance, according to the text of Article 76 of Law No. 10 of 2003 issuing the Telecommunications Regulatory Law, is not limited to insult and slander because the legislator addressed it in Article 308 bis, but rather extends to every deliberate statement or action.
2. The offender is distressed by the citizen.
3. Sending offensive messages via “WhatsApp” from the accused’s phone fulfills the elements of the crime of disturbance as long as it involves harming the reputation of the recipient as long as it is associated with intentionality and his will is directed towards that.
4. The elements of the crime of disturbing others, which is legally punishable, do not require exposure to the elements of the crime of insult and slander, considering that the penalty stipulated in the crime of disturbing others is the most severe penalty in light of Article 32 of the Penal Code.
5. Sending messages to a mobile phone that include obscene words constitutes the crime of harassment.
6. Threatening or insulting via email constitutes the crime of harassment.
7. Sending messages via Facebook that include insulting and slandering phrases constitutes the crime.
8. Commenting on posts on Facebook with indecent words constitutes the crime of insult and slander.
9. Creating a page on Facebook and posting a private photo of the victim constitutes the crime of harassment

Penalties applied for the crime of harassment via communications

According to article 166 bis from the Penal Code “Anyone who deliberately causes inconvenience to others by misusing telephone communications equipment shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one hundred pounds, or by one of these two penalties.”

According to article 70 from the Law no. 10 for 2003 stipulates that “Without prejudice to any more severe penalty stipulated in the Penal Code or in any other law, the crimes stipulated in the following articles shall be punished with the penalties stipulated therein”.

And according to article 76 from the Law no. 10 for 2003 stipulates that “Without prejudice to the right to appropriate compensation, anyone who conducts the below shall be punished by imprisonment and a fine of not less than five hundred pounds and not exceeding twenty thousand pounds, or one of these two penalties anyone who:

1. ………………………………………………………………
2. Intentionally disturbing or harassing others by misusing communications equipment”.

It appears from these two texts that the most severe penalty is the one stipulated in Article 76 of the Telecommunications Regulatory Law, since it imposes a prison sentence according to the general rules, and its duration may reach up to three years, while Article 166 bis of the Penal Code does not allow the prison sentence to exceed one year. Therefore, the most severe penalty – stated above – is the one that must be applied, and the opinion we hold is the same as that reached by the technical office of the Cairo Economic Court.

Finally, the penalty imposed by the legislator for this crime is imprisonment according to the general rules from twenty-four hours to three years – and a fine not less than five hundred pounds and do not exceed twenty thousand pounds, or one of these two penalties, without prejudice to appropriate compensation if it has a basis.