First: Introduction
The geographical location of Jordan plays a major role in shaping the government’s domestic policy and how it interacts with issues of freedom of opinion and expression; as the Kingdom is the epicenter of the conflict with Israeli occupation forces and shares land borders with both Iraq and Syria, the birthplace of ISIS. As for the internal situation, the conflict between the liberal currents that call for modernity and the growing fundamentalist currents that seek to impose their will on the community has played a fundamental role in the decisions made by the Jordanian authorities with regard to the rights to freedom of expression and peaceful assembly throughout 2019.
The Jordanian government has countered pressure from both Egypt and Saudi Arabia to ban the Muslim Brotherhood group. It further allowed the Islamic Action Front (IAF), the political arm of the Muslim Brotherhood, to take part in the parliamentary elections and to have special representation in the Jordanian House of Representatives.
During the past few years, conservative religious currents have imposed their views on society prompting the government to commit some violations against freedom of expression under the pretext of “violating public decency”, “maintaining the community’s customs and traditions”, “preserving the country’s reputation”, or “insulting religion and the divine entity”.
For example, conservative groups have been able to pressure the government to cancel the festival of colors inspired by Indian culture and caused a stir as a hotel declared its intention to organize a foam and pool party for its guests with dinner and a live DJ (1). Also, Netflix series ‘Jinn’ has sparked uproar in Jordan since its release on 13 June; for allegedly including “bold” scenes that are “incompatible with Jordan’s traditions and values”. Consequently, on June 15, the Parliament issued a statement confirming its endeavor to introduce legislation that would ensure the preservation of the national traditions, morals and values. (2)
Second: Legislative and legal developments
During 2019, Amman witnessed broad controversy and a popular rejection of two proposed laws pertaining to the right of freedom of opinion and expression and the right to information. Human rights organizations and those defending freedom of opinion and expression were able to fend off the process of enacting an amended cybercrime bill, while the Jordanian government was able to pass the 2019 Cybersecurity Law in the Parliament.
On 19 February 2019, the Jordanian Parliament discussed the cybercrime bill. The session concluded with a majority vote in favor of the proposal to refer the bill to the Jordanian government for the purpose of introducing necessary amendments to some articles, especially those related to hate speech and “fake news” penalties.
The draft law, for example, introduces an ambiguous definition of “hate speech”; as it equates hate speech with permissible/ legitimate criticism of public figures on social media. It also allows the government to confiscate and search personal devices, which would violate the citizens’ right to privacy.
On 11 December 2018, the Jordanian government added new amendments to the draft cybercrime bill of 2015, which it withdrew before sending it back to Parliament for a vote.
As for the draft Cybersecurity Law of 2019 (3), the Parliament began on 21 July 2019 its first extraordinary session convened upon a Royal Court statement to discuss the bill. On 30 July, the Parliament endorsed the adoption of the 2019 Cybersecurity Law in preparation for submitting it to the Senate. The law stipulates the establishment of a national council for cyber security as an administrative authority, granting it absolute power to “block, cancel or disable the communication network, information system, information network, communication devices and private electronic messages with any bodies suspected of committing or involved in any cybercrime act”, which constitutes an infringement on the right to information; since this power should be exclusively granted to the judicial authority that has inherent jurisdiction over such issues.
Third: Cases with the most impact on freedom of expression
One of the cases that have most affected freedom of speech throughout 2019 is the case of blocking news websites. In March 2019, the Jordanian authorities blocked access to 45 websites based on the Press and Publications Law No. 8 of 1988 and its amendments (Law No. 32 of 2012). Since 2013, the authorities have been using this notorious law to block hundreds of websites. Article 49 of the Law obliges electronic publications, which publish news, investigative reports, articles and comments, to be licensed or to register whereas at the same time all the provisions of the legislation related to press publication are applied to them as well.
Other cases may include: banning the teachers’ sit-in staged on September 5 near the prime minister’s office in Amman, where security forces arrested more than 50 participants, the teachers union going on an open strike and ensuing solidarity campaign by students and parents, and Al-Ramtha Protests at Irbid City, North of Jordan, which erupted on 23 and 24 August following the government decision to limit the number of cigarettes permitted to enter the country, leading to confrontations between the security forces and protesters and the arrest of dozens of them.
Fourth: Violations of freedom of expression
Banning and obstructing peaceful activities
Among the violations that took place in 2019 was when the Governor of Amman, Saad Shehab announced the cancellation of the first National Conference to Combat Immorality, which was scheduled to be held at the Professional Associations Complex at the invitation of the Jordanian Ansar al-Fadila (Association of the Supporters of Virtue), aka Dera’, under the auspices of the Jordanian Ministry of Awqaf (endowments) and Islamic Affairs. The conference was canceled on the pretext that the organizers hadn’t obtained the permits to hold the event. Also, Jordan’s Gendarmerie and security forces prevented the Detainees’ Families and Supporters Committee and other activists from reaching the headquarters of the National Center for Human Rights on the evening of June 2 to hand over a memorandum concerning political detainees and prisoners of conscience in the Kingdom.
On September 5, security forces prevented a group of teachers from staging a sit-in near the prime ministry’s office at Fourth Square in central Amman demanding a 50% pay rise. They also arrested more than 50 teachers, 13 of whom were transferred to Al-Bayader Security Center. In response, Jordan’s teachers union launched an “open-ended” strike to protest such harsh treatment by the security forces.
Blocking websites/services
The Jordanian authorities continued to pursue their policy of banning news websites, even the websites created by Jordanian youth living abroad, to benefit from the media freedoms in the countries where they reside, were also blocked.
For example, on Sunday 19 March, the authorities banned “Al-Urdunyya” website only one hour after its launch, for allegedly “violating the licensing conditions stipulated in the Press and Publications Law” since it provides news related to Jordan although it is run from outside the country.
Moreover, the Director of the Media Commission’s licensing directorate Majd Al Amd announced on the 5th of March the blocking of 45 other websites in the Kingdom.
Assaults
Not only does the government carry out attacks on journalists in Jordan, but also there are some citizens who can do so without any interference from the authorities to stop them. On 3 October 2019, a group of people attacked Roya TV crew while they were covering a protest organized by teachers in the vicinity of the Professional Associations Complex in Amman. The assailants claimed that the crew deliberately tried to cover the protest at its end to show that it had limited participation.
Also in the evening of 23 and 24 August, a group of protesters blocked the road in Ramtha city using stones and burning tires. In response, the security forces fired tear gas to disperse them and arrested some citizens who were on the scene to shoot the incident.
Detention
The Jordanian authorities are trying to restrict the right to freedom of expression by various means, including incarceration of victims, which occupied the largest portion of violations during 2019. For instance, based on the chronological order of incidents, more than 10 people- most of them are affiliated with the “Hirak” Coalition- have been detained on charges violating the right to freedom of expression; such as “insulting the king” (“lengthening the tongue against the king”) or any other vague charges including “undermining the political regime” and “online slander”.
On 2 January 2019, the security services arrested journalist Nidal Salama, before he was transferred to the Correction and Rehabilitation Center to implement a previous three-month prison sentence, for allegedly “violating the Press and Publications Law” against the backdrop of a publishing case relating to a private hospital. Salama was later released, on 5 February 2019, upon the General Amnesty Law.
The security apparatus in Jordan also arrested journalist Jihad Abu Baidar, on April 7, in front of the building of “Jordan Today” (Al-Ordon Al-Yoom) TV channel where he had an interview to talk about the issue counterfeiting gold stamps, before the criminal investigation services released him one day after his detention.
On 19 May, the Amman Public Prosecutor ordered the detention of the “Jordan Today” TV channel’s owner Mohammad Aajlouni and the “Aal-Rabe3” satirical show host Rana Hammuz; following a complaint filed by the Gendarmerie Department Director General, Hussein Hawatmeh, after the channel broadcasted a video criticizing one of his statements in which he decried a retired military officer’s participation in the protests witnessed by the country, accusing him of “either seeking personal gain or being backed by external or foreign bodies”.
The security services also arrested lawyer Firas Al-Rousan, on May 22, and decided to detain him for a month on a charge of “lengthening the tongue”, before ordering his release on June 20. Furthermore, the Public Security Directorate arrested some people who participated in a sit-in near the National Center for Human Rights for allegedly “joining an unauthorized sit-in”, before releasing them the same day after they had to sign a written undertaking that they wouldn’t carry out any acts that disrupt the country’s security and order. It’s worth mentioning that the crew of “Jordan Today” TV Channel was among the detainees released, including media worker Obaidah Abdo, Ali Khalaf and Qutaiba al-Momani, who were in charge of covering the sit-in.
The list of those detained by the Jordanian security services also includes: Suhaib Nasrallah, Malik Al-Jizawi and Muhammad Ajaj, who were arrested on Thursday 27 June after participating in a protest that denounced the Bahrain workshop in Jordan’s Al-Baqa’a Refugee Camp. The three were accused of “insulting an Arab sister-country using offensive chants”.
Trials
The trial of activists and opinion leaders has been one of the methods used by the Jordanian authorities to restrict freedom of expression, and the charge of “lengthening the tongue” is still one of the prefabricated charges pressed against whoever opposes, criticizes, or complains of poor living conditions. To name but a few, the year of 2019 witnessed the following:
On 9 May, the Amman Criminal Court sentenced activist Taha Al-Dakamseh to one year in prison on a charge of “lengthening the tongue,” while it is still presiding over the case of Ali Khuraisat on similar charges.
On 10 May, Amman’s Public Prosecutor ordered the detention of Hirak Movement-affiliated activist Ahmed Al-Naimat, for allegedly “lengthening the tongue and defaming an official body” and on 10 June 2019, the Amman Criminal Court ordered his release on bail after he served an entire month in prison.
Amman’s Public Prosecutor also decided, on 2 September, to detain the head of the Arab Organization for Human Rights and Struggle against Torture, Abdul Karim Al-Sharida for 14 days in Juwaida prison on a charge of “lengthening the tongue” against the backdrop of a video he posted on his Facebook account, in which he criticized the Royal Court’s interference in the nomination of tribal elders, before he was released on bail on 11 September of the same year.
Fifth: Most common accusations against freedom of expression
Many opinion leaders in Jordan have been brought to trial by authorities over several accusations that are commonly used to curb freedom of expression. These accusations, which are not in line with the speech of transforming the country to a civil state, include: “lengthening the tongue”, “undermining the political regime”, “defaming an official body”, “insulting an Arab sister-country with chants”, “libel and defamation”, and “breaching the licensing conditions stipulated in the Press and Publication Law”.
The term of “not obtaining the necessary permits by the event’s organizers” has been also used as a justification to prevent the holding of events, conferences and seminars which don’t please the authorities.
Sixth: Victims
The list of victims involves social media and Hirak Movement activists, including: Ahmed Tabanja Al-Kinani, Ahmed Al-Naimat, Sabri Al-Mashaa’la, Suhaib Nasrallah, Taha Al-Daqamseh, Abdullah Al-Wreikat, Ali Khuraisat, Firas Al-Rousan, Kamil Al-Zoubi, Muawiya Al-Shawawreh, Naim Abu Rudeina, Malik Al-Jizawi, Muhammad Ajaj, and some teachers who participated in the September 5 Protests that took place in Amman’s Fourth Square.
This is in addition to some media professionals and journalists, including: director Mohammad Aajlouni, TV host Rana Hammuz, and journalists Nidal Salama, Jihad Abu Baidar, Obaida Abdo, Ali Khalaf and Qutaiba Al-Momani, along with Roya TV crew who covered the teachers’ sit-in which took place in 3 October 2019.
The list also involves human rights defenders such as Abdul Karim Al-Sharida, the President of the Arab Organization for Human Rights and Struggle against Torture.
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Footnotes
- A report entitled “The ‘foam of the beach’ party stirs controversy… Activists: We do not want bold practices”- Published on: 11 July 2019- Last accessed date: 20 October 2019- https://www.alwatanvoice.com/arabic/news/2019/07/11/1258299.html
- A statement issued by Parliament”- Published on: 15 June 2019- Last accessed date: 20 October 2019- http://representatives.jo/?q=ar/اخبار/بيان-صادر-عن-مجلس-النواب-1
- Cybersecurity draft law- Published on the Jordanian Parliament website on June 1 – Last accessed date: 20 October 2019- http://representatives.jo/sites/default/files/Color0017.pdf
