ÚÑÈí  31 May 2020

  • Digital Inclusion
  • Internet Safety
  • Legislative Framework
    1. The National Committee for Child Online Protection
    1. Work Mechanism
    1. Online Arabic Content
    1. Regional and International Cooperation
    1. Law Enforcement
    1. Legislative Framework
    1. Education
    1. Awareness Raising and Capacity Building

    Legislative Framework

    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 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.

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