What Are the Penalties for Social Media Crimes in Egypt? Criminal Accounts, Insult and Defamation, and Violating Family Values
Many people ask us: “I created a page or account in someone else’s name — is that a crime?”, “I posted something about a person on Facebook — can I be held liable?” and “Is it forbidden to publish someone’s photo or news without consent even if it is true?” The answer: Egyptian law punishes the use of social media to commit crimes, to defame others or to violate their privacy, under the Penal Code and the Anti-Cybercrime Law No. 175 of 2018; and the truth of published information does not make its publication lawful if it violates the person’s privacy.
What is the penalty for creating a website or account in order to commit a crime?
Article 27 of Law No. 175 of 2018 punishes anyone who creates, manages or uses a private website or account on an information network with the aim of committing or facilitating a crime, by imprisonment for not less than two years and a fine of EGP 100,000 to EGP 300,000, or either penalty.
- The gist of the offence is the offender’s intent: the account is a means to another crime such as fraud, extortion or defamation.
- The act takes three forms: creating, managing, or merely using. Whoever manages an account knowing it is dedicated to a crime is liable even if he did not create it.
What about an account that impersonates another person?
Anyone who creates an e-mail, website or account and falsely attributes it to a natural or legal person is punishable by imprisonment for not less than three months and a fine of EGP 10,000 to EGP 30,000 (Article 24). If the account is used in a way that harms the person to whom it is attributed, the imprisonment is not less than one year and the fine is EGP 50,000 to EGP 200,000. Where the offence is committed against a public legal person, the penalty is imprisonment (sijn) and a fine of EGP 100,000 to EGP 300,000.
Are there general provisions that apply to these offences?
- Confiscation: the court orders confiscation of the devices and tools used in the offence (Article 38).
- Attempt: punishable by up to half of the maximum penalty (Article 40).
- Aggravation: where the purpose is to disturb public order or endanger the security of society, the penalty is aggravated imprisonment (sijn mushaddad) (Article 34).
What is the difference between insult and defamation on social media, and which law applies?
The Anti-Cybercrime Law has no separate provision titled “insult and defamation”, so the Penal Code provisions apply even where the offence is committed on Facebook, Instagram, WhatsApp or any other platform.
- Defamation (Article 302): attributing a specific incident to a person which, if true, would require his punishment or expose him to contempt among his compatriots.
- Insult (Article 306): anything that offends honour or reputation without attributing a specific incident.
- Publicity: an essential element, achieved by posting on a public page or account or in a group (Article 171); private messages are dealt with under other provisions on insult through means of communication.
- Aggravation (Article 308): where the insult or defamation attacks the honour of individuals or offends the reputation of families, both imprisonment and a fine are imposed.
- Article 26 of Law No. 175 of 2018: whoever uses information technology to process another person’s personal data in order to link it to content contrary to public morals, or to present it in a manner that harms his honour or reputation, is punishable by imprisonment of two to five years and a fine of EGP 100,000 to EGP 300,000, or either penalty.
What should I do if I am insulted or defamed on social media?
- Document the content immediately with screenshots showing the link, the account name and the date, before it is deleted.
- Keep the original links and messages; do not rely on images alone.
- File a complaint with the Public Prosecution or the General Department for Combating Information Technology Crimes.
- You may claim civil compensation alongside the criminal case.
What is the offence of violating family values under Article 25?
Article 25 punishes by imprisonment for not less than six months and a fine of EGP 50,000 to EGP 100,000, or either penalty, anyone who:
- violates any of the family principles or values of Egyptian society;
- infringes the sanctity of private life;
- sends a person large volumes of electronic messages without his consent;
- gives personal data to a website or system to promote goods or services without the owner’s consent;
- publishes information, news or images that violate a person’s privacy without his consent, whether true or untrue.
It is therefore not enough for the accused to say “what I published is true”, because truth does not make publication lawful if it violates the person’s privacy. The phrase “family principles or values” is not defined by the law, so how it applies to a given incident is left to the courts.
Is there a court challenge to the phrase “family values”?
Yes. It has been reported that Case No. 12217 of Judicial Year 80 before the First Circuit for Rights and Freedoms of the Administrative Judiciary Court challenges this phrase, and that judgment is set for the 28 November 2026 session. The provision remains in force unless it is held unconstitutional, so ask your lawyer for the latest outcome of the case at the time you read this.
Can these offences be settled by reconciliation?
Article 42 of the law permits reconciliation in certain misdemeanours, including Article 26, and does not list Articles 24, 25 or 27.
What should I do to avoid trouble?
- Do not create an account or page for an unlawful purpose, and do not run an account you know is being used for one.
- Do not publish anything that harms the honour of others or the reputation of their families, even if you believe it is true.
- Do not publish other people’s photos, data or private news without their consent.
What are my rights if I am accused?
Do not sign anything, do not put your signature on any paper, and do not say a single word except in the presence of your lawyer.
Sources reviewed for the data in this article
- Text of Law No. 175 of 2018 on Combating Information Technology Crimes (Financial Regulatory Authority) — Arabic
- Cairo24 news report on the 28 November hearing date in the family-values constitutional challenge — Arabic
A question you should know the answer to
Question: Can I be held liable if I publish a photo or news about a person and it is true?
Answer: Yes, you may. Article 25 of Law No. 175 of 2018 punishes publishing information, news or images that violate a person’s privacy without his consent, whether true or untrue.
What should I do if I cannot handle the situation and have fallen into trouble?
Keep our number with you or with a family member: +201208555806, and call us immediately so that we can intervene as quickly as possible to protect you.
If you have a problem and are unsure whether it falls under insult and defamation or under information technology crimes, and you want legal advice on it, you may consult a specialised lawyer.
If you are a party to a similar problem, do not face it alone; contact our firm or pay us a visit, so that we may place our experience at your service and handle your case with the care and precision it deserves.
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This article is general information for legal awareness and does not replace legal advice on your particular situation.
