انتهاك الأخلاق و الخصوصية عبر شبكة الإنترنت في التشريع المغربي

الملخص EN

The access of Moroccan society, like other communities, to the era of digital civilization, and the rise of electronic crime as one of the most negative aspects of technological development which causes an imbalance in the traditional criminal system, impose new challenges to the Moroccan legislature that have to be taken into account.

Heavy challenges have been raised in the penal law in all legal systems, due to the negative use of the Internet, which has led to the emergence of new images of crime affecting, according to the subject of this study, particular morality and public morality and private life of the people.

Through this network many slander and libel and defamation sites spread out profusely, affecting people’s symbols, whether ideological, political or religious.

Besides, there is the emergence of some of the sites that deal with supply and distribution of obscene pictures against morality, especially those related to minors.

In addition, the automated processing of personal data has become a large risk to the right of individuals to protect their own lives.

The reason for this is that the fact that the physical and visual things are only the subject of protection in criminal law, and that the protection of information and other moral values has remained until the mid-twentieth century less important.

On another hand, a lot of difficulties emerge at the level of prosecution and seizure, most important of which is the difficulty of proving criminal intention and the problem of determining the place of the crime and the applicable law.

We have seen through this study that the Moroccan legislature has made its mark in attempts to develop a special criminal legislation about this type of technical crime which touches ethics and public morality and private life of individuals, according to several comparative legislations that have preceded it in this area.

This is realized through the renovation of its legal system either by enacting new legislation or adding other provisions of the Penal Code fit for criminality privacy; thus putting an end to the doctrinal and judicial controversy, which was discussed before about the legal basis to adapt the acts that constitute a violation of ethics and morals and privacy over the internet.

Thus, the Moroccan legislature has accompanied this criminal revolution with a legal one which satisfies the judge who will spare no effort in their application for the sake of protecting good and private morality.

However, it remains the Moroccan legislator’s duty to add his own efforts to the international efforts to contain these cross-border crimes, which cannot be fought in the long term except in an effective international way.