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The Supreme Administrative Court affirmed that the public employee’s use of social networking sites (“Facebook”, “Twitter”, “Instagram”, etc.) are among the rights permitted to all as a window to freedom of expression, in a manner that does not affect national security, public order, public morals, the reputation of citizens, or Breach of their privacy.
The court said that the Internet is part of daily life in the world, which made people believe that it is a permissible space and a region above the law, and that some social networking sites have turned from spaces for acquaintance and exchange of knowledge to platforms to advocate for some actions affecting national security, state stability or personal liberties and the honor of persons .
This came in the ruling issued by the court headed by Counselor Adel Brik, Vice-President of the State Council, and membership of Counselors Syed Sultan and Dr. Muhammad Abdel Wahab Khafaji and Osama Hassanein and Ahmed Maher, Vice-Presidents of the Council of State, by dismissing a lawyer in the Central Bank of Egypt who published false allegations about workers in the legal department of the Central Bank Al-Masry, on his Facebook page, is well-known to them, including expressions, obscene acts and verbal abuse that violate honor, reputation and reputation.
The court concluded that the appellant insulted the reputation of his colleagues and drained himself ill and stare at her vice towards vice, following the others’ defects on social media, and that he offended the reputation of the Egyptian Central Bank itself, which draws monetary policy and determines Egypt’s position in the financial field on the global economy.
This is the first application of the law against information technology crimes to protect the sanctity of the private life of citizens and every attack on family principles or values in Egyptian society.
The court clarified that the Internet and its varied fields have become part of daily life in the world because it is considered one of the most used means for acquaintance between people, which made people believe that it is a permissible space and a region above the law, especially with the emergence of social networking sites that opened the doors of dialogue wide open between different peoples And where freedom was found, the infringement of freedom was found, as the electronic reality and the virtual world resulted in many abuses through the unlawful use of social networking sites, some of which were transformed from spaces for acquaintance, rapprochement and exchange of knowledge, ideas and opinion, into platforms for advocacy. For some actions affecting national security, state stability or personal liberties, with the honor and consideration of persons, or for public order or public morals.
The court added that the public employee’s use of social networking sites in the virtual world, whatever rights are available to all because of their ease of communication between people, helping them exchange knowledge, ideas and opinions, education, education, and linking relationships, and opening a window for freedom of expression, but that its use should be legitimate To stop at the borders of preserving national security, public order and public morals and not to prejudice the reputation of citizens or violate their privacy in a manner that is harmful to them in committing acts of insult, defamation, defamation, extortion, and abuse, and if that matter is a duty of all citizens, then it is obligatory Especially public employees on the work of his job and information concerning what is secret by nature, if the Tjasoha deserves more Mglza punishment.
The court stated that the Egyptian legislator – Law No. 175 of 2018 on combating information technology crimes – put Egypt on the map of the digital world and its texts came to reveal that it is a punitive law for the information criminal, and it is not censorship, as it is a precautionary, not penetrative, that gives citizens freedom in the cyberspace whatever its means, as long as That freedom was exercised within the framework of the law without prejudice to the national security of the country, the reputation of citizens, or the violation of their private lives in a manner that is harmful to them, and in order to preserve the reputation of citizens, the legislator has adopted in this law the criminalization of these acts that occur by these means and determined a severe punishment for their devastating effects The homeland is concerned with its national security and public order and morals in it, and the citizen must violate his honor, display and consideration among his family and his family. Or family values in Egyptian society, or violated the sanctity of private life, or extensively sent many e-mails to a specific person without his consent, or giving personal data to a system or website to promote goods or services without his consent, or published through the information network or by any other means Yeh information information, news or pictures and the like, violate the privacy of any person without his consent, whether the published information is correct or incorrect.
The court clarified that it is proven from the papers and investigations that the appellant published false allegations about his colleagues in the work and the rest of the employees of the Legal Department of the Central Bank of Egypt on his personal page on Facebook, defame them and include obscene acts, expressive words and verbal statements that violate honor, honor, and reputation without evidence that would be correct. I demanded that they despise and hold them accountable, and by confronting him with what is attributed to him expressly confessing that he had issued a warning to the Governor of the Central Bank on the pretext of verifying the authenticity of the incident or not, and that he had already published the subject under investigation on his Facebook page in an attempt to investigate the matter. In fact, this warning included expressions of insulting and slandering and insulting a public employee against him by way of writing and publicity in the event that he is a public employee at the Central Bank, where the warning included expressions that involve prejudice to honor and consideration in the right of employees of the legal department.
The court indicated that the violation attributed to the appellant becomes a proven right against him, taking into account the investigations and what the case contained in the papers and documents reviewed by the court, and the appellant’s explicit recognition of the publication of the aforementioned report on his Facebook page, which is a clear departure from the requirements of the job obligation And the violation of the dignity of the job, as well as its behavior is a defective behavior that does not coincide with the due respect for the public job and what it imposes on the public employee to be of good character, not misconduct, which constitutes a sinful sin against him, which requires his disciplinary punishments according to the fact that the severity of the sinful sin What the appellant worsens and the gravity of his consequences arising from the prejudice to the reputation of his colleagues and the reputation of the Central Bank of Egypt itself, and it is not correct that the soul has become miserable and stared at its vice towards vice .
The court concluded that the appellant committed defamation of his colleagues with obscene acts and expressive phrases on Facebook, as well as his lack of respect for the teachings of the Islamic religion, and the imposition of it to give up the virtues and abandon the vices that are ugly traits, considering that having good morals and noble values is a human requirement And an essential basis for preserving the dignity of the human soul and its indifference to the public position and the duties imposed on it by its misguided endeavor to be aware of it and busy exploring and investigating the people’s nakedness and setting himself up to investigate with the worshipers and judge their behaviors and actions on his newspaper in the virtual space on Facebook, not burdened by the extent of The policy of the facility to which he is aware, by virtue of his legal work, in the presence of agencies entrusted with the law to investigate and investigate crimes and violations, and he had to resort to them in the event that the case reveals to him the existence of violations and crimes committed without defaming the reputation of his colleagues and the reputation of the Central Bank of Egypt on other than A bond, which deserves the severity of the punishment, as predated by the dissolution of the job, by referring him to the pension as concluded by the contested ruling, and this court strengthened him, so he settled his market justice and installment of what is not contested.