Enforcement in Libya
It should be noted that recently, the Libyan House of Representatives enacted Law No.5 2022 concerning Combating Cyber Crimes in September 2022. In accordance with this law cybercrime is defined as “every act committed through the use of computer systems, the international information network, or other information technology means in violation of the provisions of this law.”
This law has brought in some form of enforcement regarding breaches of copyright, with fines and prison sentences to be enacted in such a case. The sentence for copyright infringement is a prison sentence of no less than one year, and a fine of no less than 1,000 Dinars.
Furthermore, Law no.6/2022 regarding Electronic Transactions has also bought in some enforcement procedures relating to data protection. Article 79 states ‘Entities collecting personal data according to Article 73 of this law are prohibited from sending electronic documents to the person from whom the data was collected if he explicitly refuses to accept them.
Processing of personal data by the person who collected it is not allowed if he explicitly refuses to accept it. Additionally, processing is not allowed if it causes harm to the individuals from whom the data was collected, or infringes upon their rights or freedoms. The data may also not be used for any other purposes than those agreed upon unless consent is obtained from the data owner.’
Articles 81-84 of this law state:
Article 81
Without prejudice to any stricter penalty stipulated by the Penal Code or any other law, anyone who commits any of the acts stipulated in Articles 79 ….. of this law shall be punished with imprisonment for a period not less than one year and a fine of not less than three thousand dinars and not exceeding ten thousand dinars.
The penalty will be imprisonment and a fine of not less than ten thousand dinars if these acts were committed to disrupt electronic transactions related to the government or military or security institutions or banks.
Article 82
Without prejudice to the individual criminal liability of the perpetrator of the crime, the legal representative of the legal person shall be punished with the same penalties prescribed for the acts committed in violation of the provisions of this law, if it is proven that his failure to perform his duties contributed to the occurrence of the crime.
The legal person shall be jointly responsible for any financial penalties or compensations if the crime was committed on his behalf or in his name or for his benefit.
Article 83
Without prejudice to any stricter penalty stipulated by the Penal Code or any other law, anyone who exploits the weakness or ignorance of a person in electronic operations by compelling him to commit, presently or in the future, in any form, shall be punished with imprisonment for a period not less than one year and a fine not less than five thousand dinars and not exceeding ten thousand dinars, provided that it is proven from the circumstances that this person is unable to distinguish the dimensions of his commitments and obligations.
Article 84
Without prejudice to the rights of bona fide third parties, in all cases, the devices, programs, or means used in committing any of the crimes stipulated in this law or the funds obtained from them shall be confiscated.
It also provides for the closure of the shop or the site where any of these crimes are committed and the cancellation of its license if the crime was committed with the owner's knowledge.
The closure is either complete or for the period determined by the court.'
