- Overview
The number of Internet users in the Kingdom of Morocco is growing rapidly, and the Kingdom is considered one of the leading African countries in Internet access, but the figures reveal the weakness of the country’s infrastructure concerning landline in particular and the monopoly of one company over landline subscription in the Kingdom. This is reflected in the small number of landline users.
While the Parliament passed legislation that would exercise the right to circulate information and stop the monopoly, it also passed some laws that restricted the production of online content through the Press and Publication Act. Besides, many social media activists and human rights defenders have been prosecuted for fabricated charges against the background of posting their opinion on social media.
- Developments in the ICT sector
The Kingdom of Morocco has a population of about 36.6 million, the number of mobile phone subscribers is estimated at around 43.7 million, and the number of landline subscribers is about 2 million. On the other hand, the number of Internet users in Morocco reaches approximately 23 million users, with a growth rate of about 63%, including about 21.4 million mobile phone users in the network.
Maroc Telecom, a subsidiary of Etisalat, owns 42.3% of the Moroccan telecommunications market, Orange Morocco owns 29.6%, and InWana, which operates under the name of InWI, has acquired 28.1% of the market. [1]
While the Kingdom’s telecommunications companies complain of the monopoly of Morocco’s telecommunications company for the landline phone participation in the Kingdom, the Moroccan government signed a new contract with the company for the value of ten billion Moroccan dirhams (about one billion dollars) for the development of the communications’ infrastructure over three years. [2]
- The legal environment of the ICT sector
Amendments to the Press and Publication Code, which codified the blocking of thousands of websites, entered into force on August 15, 2018, and consists of three laws: The Press and Publication Act No. 88.13, the Law 89.13 on the Regulations for Professional Journalists, and the Law No. 90.13 on the National Press Council.
The Press and Publication Act contains many articles restricting the establishment and administration of online newspapers, including the requirement that each periodical or online newspaper has an editor-in-chief who must hold a university degree or a specialized certificate in media, and that it be a professional journalist. While the old law only required that each newspaper or periodical publication should have a chief editor.
On the other hand, the House of Representatives, in a public session, on Tuesday, July 24, 2018, approved Bill No. 121.12, which provides for the change and nationalization of Law No. 24.96 on Mail and Telecommunications, and the publication of the law in the Official Gazette on February 18, 2019. The law introduces a new public institution, the National Transport Regulatory Agency, which is affiliated with the Prime Minister and enjoys a legal personality and financial independence, which aims at preparing studies and regulatory procedures relating to the transport sector and monitors regulatory provisions. The law focuses mainly on the necessity of informing the users of the means of communication with the general and contractual conditions of offers and services offered by the public transport operators, and obliging the telecommunications companies to work on practical solutions to the problems of digital communication and communication through the Kingdom, especially in remote areas, implementing measures aiming at facilitating the introduction of new services, and promoting the adaptation of communication markets to technological developments. [3]
The parliament also ratified on Tuesday, February 6, 2018, the first law the Kingdom has known to regulate how to obtain information and documents in the possession of public departments and facilities, and representative institutions, Law No. 31.13 on the right to information, and the law came into force on Tuesday, March 12, 2019. One year after it was published in the Official Gazette, issue No. 6655. [4]
- Social networks
The Moroccan people are particularly interested in social media, especially after the stranglehold on traditional websites and media outlets. Facebook activists have been using Naser Al-Zafzafi district events to convey to the mosque’s imam in Al-Hoceima and used them to broadcast live marches and protest demonstrations in the movement of the countryside (Rif). Social movement activists also used social media websites to publicize and win support for the boycott of three companies in April 2018, after monopolizing markets and charging monopolistic prices for their products.
The number of Internet users in Morocco reached about 23 million, thus making the Internet growth rate for the population (approximately 63%). The number of Facebook users reached around 15 million, while the number of Twitter users reached about 400 thousand.
- Blocking and censorship
On August 15, 2018, the government’s second deadline for websites to regularize their status under Law No. 88.13 on Press and Publishing expired, and since the beginning of 2019, the Moroccan government has launched a massive campaign to intimidate unauthorized website operators to close voluntarily.
On July 3, Minister of Culture and Telecommunication Mohamed Al-Araj said that in the context of applying the Press and Publishing Law, 1000 websites were “voluntarily” suspended by their owners, the minister added that the concerned authorities will resort to issuing urgent decisions against websites that do not comply with the Press and Publishing Law. He recalled that a fine of AED 20,000 (approximately $2,000) would be imposed for each day of delay.
- Persecution and security threats
Nawal Ben Eissa’s trial for blogging on rural mobilization
Moroccan police arrested Nawal Ben Eissa, an activist in rural mobilization, four times between June and September 2017, on the background of posts published on her Facebook account, calling on residents of Hoceima to join the rural protests. The Moroccan authorities forced her to close her account, which was being followed by some 80,000 followers to release her. The court of the first instance in Al-Hoceima sentenced Nawal to a 10-months in prison suspended sentence, fining her 500 Dirhams (about 50 dollars), claiming “insulting the members of the public forces during their missions and gathering in the public roads, demonstrating in public roads without prior authorization, contributing to the organization of an unauthorized demonstration, and incitement to felonies or misdemeanors”, on January 17, 2019, the court of appeal upheld the sentence.
Convicting Mohamed Taghra sentenced to prison for posting a video on the Internet
On August 18, 2017, the Court of the first instance in the city of Anzkan sentenced blogger Mohamed Taghra, known as Hamza al-Zain, to 10 months in prison and fined him 500 Dirham (approximately US$ 53) for “insulting, slandering, and defaming the Royal Gendarmerie”. On the background of posting a video clip on the Internet that includes accusations of bribery and forgery of the police in Khamis Ait Uayira center and the public prosecution in the court of the first instance in Banzkan. Mohammed Taghra was arrested by the security services in Agadir on Friday, August 4, 2017.
Human rights activist Rashid Ishi imprisoned on the background of solidarity with rural detainees
The Criminal Chamber of the Court of First Instance in Zafroo (southeast of Fez), on the evening of October 19, 2017, sentenced Rashid Ishi, member of the Moroccan Association for Human Rights in Fez-Meknes, to prison for two months with execution and fined him 2000 Dirhams (approxiamtely $212), on the background of “incitement to commit an offense by electronic means” and “incitement to disobedience”, based on opinions published on his Facebook account calling for solidarity with Moroccan rural detainees.
Lawyer Abdul Sadeq Al-Bouchtawi sentenced to prison for “Facebook” posts
On February 8, 2018, the court of first instance in Al-Hoceima (northern Morocco) sentenced lawyer Abdelsadeq El-Bouchtawi, member of the defense panel for the rural movement detainees, to 20 months in prison with effect. A fine of 500 Dirhams (50 dollars). He was accused of “insulting public officials, inciting participation in an unauthorized demonstration, and mocking judicial rulings”, on the grounds of a post on his Facebook account criticizing the approach taken towards peaceful protests in rural areas and the arrests of protesters, Al-Bushtawi will remain unreleased until all proceedings have been completed.
One year in prison against Sufian Al-Naqad for calling for a demonstration on Facebook
On 11 February 2019, the Court of Appeal in Tetouan (northern Morocco) sentenced activist Sufian Al-Naqad to one year in prison and a fine of 2000 Moroccan Dirham (About 208 US dollars), on charges of “incitement to riot and harming state security” on the background of his post on his Facebook account, calling to join a demonstration protesting against the killing of the young woman Hayat Belkassem who was killed when the Moroccan Navy fired shots at a Spanish boat with a group of Moroccan emigrants onboard, and she was among them.
Mohamed Al-Qasabi and Ayoub Al-Kriani arrested for a post rejecting Pope Francis’ visit
On March 30, 2019, security forces arrested a man who recites Quran named Qassabi, known as ‘Muqli al-Maghrib’, a mosque imam in the city of Tamara (6 km south of Rabat), and another young man named Ayoub al-Krini, for their posts, refusing the visit of Pope Francis to Morocco. They were released the following day.
Activist Hassan Benchaib sentenced to prison for calling for a demonstration on Facebook
On 23 May 2019, Moroccan authorities arrested activist Hassan Benchaib from Bu’ayyash in Al Hoceima, from outside his home. He appeared before the Public Prosecutor’s Office at the court of first instance in Hoceima the following day, on charges of “calling for participation in an unauthorized demonstration, insulting a legally organized authority, inciting disobedience, and threatening to commit a crime”, based on posts published on Facebook to support the rural movement detainees, and on 3 June 2019, al-Hoceima’s primary court sentenced Hassan Benchaib to two years and a half in effect.
Trial of blogger Adnan Ahmedoun
Blogger Adnan Ahmedoun appeared before the public prosecution in the court of first instance in Betwan (north Morocco), on 24th September 2019 under charges of “inciting to demonstrate” on the background of a post he published in which he tackled the movement of Jarada city, east Morocco, in December 2017, in protest of the murder of coal miners. The prosecution released him on bail of 2000 Dirham ($200) and set a date for his first trial session on 8th October 2018.
[1] Published on 22 May 2019, last visit on 20 November 2019, a report on the Arab markets website entitled “Morocco organizes the ICT sector for integration into the global knowledge economy” https://www.asswak-alarab.com/archives/17818
[2] News on the economic statement website under the title “Telecom “Morocco concludes a billion-dollar deal”, published August 27, 2019, last visit on November 20, 2019, https://www.albayan.ae/economy/the-world-today/2019-08-27-1.3635062
[3] Approved texts – the website of the House of Representatives “Bill No. 121.12, which provides for the change and passage of Law No. 24.96 on Mail and Telecommunications”, dated July 24, 2018, last visit of November 20, 2019
http://www.chambredesrepresentants.ma/ar/النصوص–التشريعية/مشروع–قانون–رقم–12112-يقضا–بتغيير–وتتميم–القانون–رقم–2496-المتعلق–بالبريد
[4] Approved texts – the website of the House of Representatives “Bill No. 121.12 provides for the change and passage of Law No. 24.96 on Mail and Related Links”, published July 24, 2018, last visit November 20, 2019
http://www.chambredesrepresentants.ma/ar/النصوص–التشريعية/مشروع–قانون–رقم–3113-يتعلق–بالحق–فىالحصول–علا–المعلومات–0
