إشكالية تطبيق النصوص الناظمة لجرائم الذم و القدح و التحقير الإلكترونية في التشريع الأردني : دراسة تحليلية

الملخص EN

The decisions of the Jordanian courts varied in the light of incriminating the crimes of slander, libel and contempt in penalties law No.

16 for the year (1960) and communications law No.

13 for the year (1995) as well as the law of cyber crimes No.

27 for the year 2015, between implementing the provisions cited in the penalties law which is related to the condition of publicity, as well as suspending the instate of a lawsuit of public rights for giving the victim the character of the personal claimant and abating litigation based on abating the personal right for the crimes of slander, libel and contempt committed against the provisions in article (75/a) of communication law and article (11) of cyber crimes law.

However, some judicial decisions applied some provisions in penalties law without interest in others in relation to these crimes, in addition to variations in the text that should be applied to the cyber crimes of slander, libel and contempt with reference to the two above-mentioned articles as well as the difference between communication law in article (75/a) and penalties law in articles (188,189, 190) if such crimes were committed via mobile phones.

According to the unity of the concept of slander, libel and contempt and its core, and to avoiding the pluralism of criminal description and the difference in the objective and procedural judgments for the same action, the study concluded with a number of suggestions, including the amendment of article (11) of cyber crimes law and article (75/a) of communications law in a manner that assures the implementation of the provisions cited in penalties law on slander, libel and contempt crimes committed against the provisions of the above-mentioned articles in addition to reducing the highest limit for the increment penalty enshrined in article (11) of cyber crimes law to become two years in order to reduce the range of apprehension in the crimes published according to this article.