Criminalization Provisions and the Part Related to the Crimes of Insult and Slander through Social Communication in the Libyan Legislation
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v38i1.606Keywords:
Insult and Slander, Social Media Platforms, LibyaAbstract
The importance of this topic is reflected in the need to know the legal provisions for the offenses of insult and slander within the scope of information technology, which have a great impact on people, and have been used to undermine human honor and dignity, especially that it is one of the new crimes, which has not been studied extensively by researchers, and many have tried Some countries develop their legislative systems by introducing punitive and procedural texts and legislation that are compatible with the phenomenon of modern technical crime And we decided to research the pillars of these crimes and to clarify their general provisions through exposure to the public and private pillars that prove criminal responsibility, and we found it appropriate to state the position of the Libyan law and some comparative laws on the crimes of slander and insult through social media platforms, and also to show the legislative awakening of the UAE law coinciding with the development of technology It is associated with some Libyan and Emirati judicial applications in this field, wherever it is possible for us to do so.
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References
First: Language References
i. Harun , Eabdalsalam Muhamad , 1979 , Muejam Maqayis Allughat , Li'abaa Alhusayn Aihmad Bin Faris Bin Zakariaa , Almujalad Al'awal , Dar Aljil , Madat Alsab.
ii. Al'iifriqiu Almisriu , Muhamad Bin Makram Bin Manzur , Muejam Lisan Alearabi, Almujalad Alawla, Dar Sadir- Albayrut
Second: General Legal References
i. Muhamad, 'Iibrahim Kamal 'Iibrahim ,2010 Sharia And Legal Controls To Protect The Human Right To His Personal Communications, Dar Alkutub Alqanuniat Masira.
ii. Sorour, Ahmed Fathi, 1985 The Mediator In The Penal Code, Special Section, 3rd Edition, Dar Al-Nahda Al-Arabiya, Cairo.
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v. Hussein Ibrahim Al-Khalil 2015 “Udicial Applications On The Crime Of Inconvenience Adopted Through Modern Means Of Communication.”, Dar Al-Fikr Wal-Qanun Publications, Mansoura,.
vi. 'Alkhili , Shamsan Naji Salih ,2009. Crimes Created Illegally On The Internet, Dar Alnahdat Alearabiati, Alqahirati,
vii. Uliat , Eali Hasan , 1998" The Crime Of Defamation, A Comparative Study Between Islamic Sharia And Man-", Maktabat Dar Althaqafat Lilnashr Waltawzie, Altabeati.,
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ix. Kahlon, Ali, 2018. Commentary On The Tunisian Penal Magazine, First Edition, Tunis, Al-Atrash Complex,
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xii. Baratun, Muhamad Ramadan, 2010, Libyan Penal Code, Special Section Part 1, Alsharikat Alkhadra' Liltibaeat Walnashri, Tarabuls.
xiii. Mustafaa , Mahmud Mahmud, 1984 , Explanation Of The Penal Code Special Section, Matbaeat Jamieat Alqahirati, Altabeat Althaamina
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xv. Mahmoud Naguib Hosni, 1986, Explanation Of The Penal Code, Special Section, Dar Al-Nahda Al-Arabiya, Cairo, First Edition.
xvi. Mustafaa Muhamad Musaa,2008 Criminal Investigation Of Electronic Crimes, Altabeat Al'uwlaa, Matabie Alshurtat, Alqahira
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xviii. Sheelan, Muhammad Sharif, Jaafar Hassan Nayan, 2020, The Penal Effects Of The Crime Of Defamation, Resala Al-Haqooq Magazine, The Twelfth Year, The First Issue.Harajat , Mustafaa Majdi ,2019, "Jarayim Alsabi Walqadhf Walbalagh Alkadhibi", Dar Mahmud Linashr Waltawzie Alqahirati, Altabeat Al'uwlaa,
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xxii. Aldurati, Mahir Eabd Shiwish ,1988. Explanation Of The Special Penal Code, Almaktabat Alqanuniati, Baghdad.
Third: Research
- Ansam Samir Tahir Alhami, 2015, The Crimes Of Defamation And Insult Through The Internet, Majalat Risalat Alhuquqi, Alsanat Alsaabieata, Aleadad Althaani,.
Jumeat Eabdallah Buzida, Waraqat Bahthiatan Muqadimat Limutamar Al'amn Almaelumati, Almuneaqad Bifunduq Kurintya, Bimadinat Tarabulus Fi Alfatrat 27-29 'Aghustus 2013.
Zahar Radaa, 2003. Social Networking Sites In The Arab World, Majalat Altarbiati, Jamieat Eumaan Alahiliat Aleadad 15, Eamaan
Fourth: Law
i. Encyclopedia of Criminal Laws and Complementary Laws, Part One, First Edition, 2000.
ii. Federal Penal Code No. 3 of 1987 and its amendments
iii. Egyptian Penal Code No. 15 of 1937.
iv. Kuwaiti Penal Code and its amendments No. 16 of 1960
v. Algerian Penal Code 66-156 of Safar 18, 1386 corresponding to June 8, 1966.
vi. Bahraini Penal Code No. (15) of 1976.
vii. Decree-Law No. 34 of 2021 regarding combating rumors and cybercrime
viii. Royal Decree No. M / 17 dated 8/3/1428 Law on Combating Information Crimes, Kingdom of Saudi Arabia.
ix. Law No. 6 of 2014 regarding information technology issues in Bahrain.
x. Information Crimes Law No. 63 of 2015 regarding information crimes in the State of Kuwait.
Fifth: Court Rulings
i. Judgment of the Libyan Supreme Court
ii. Judgments of the Ajdaba Court of First Instance.
iii. Judgments of the Federal Supreme Court in the United Arab Emirates.
iv. Dubai Court of Cassation Rulings.
v. Judgments of the Egyptian Court of Cassation.
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