Morocco Introduces New Fake News Penalties Ahead of September 23 Elections

Casablanca – Morocco has introduced new legal provisions to criminalize the spread of fake news and other misleading digital content during the September 23 legislative elections, which will renew all 395 seats of the House of Representatives.

The measures address the use of information and communication technologies to publish or share statements or images of a person without their consent, as well as fake news, false claims, inaccurate facts, or falsified documents intended to harm the privacy or reputation of voters and candidates.

The new rules are contained in Article 51-bis, introduced through Organic Law 53.25, which amends and supplements Organic Law 27.11 concerning the House of Representatives.

The provision also penalizes the circulation of rumors or fake news that cast doubt on the credibility and transparency of elections. The legislation comes as digital platforms and artificial intelligence tools have increased the ability to produce and spread falsified content.

The new article seeks to address these changes while protecting the electoral process from manipulation, defamation, and the circulation of false digital material. It also states that the measures should not restrict freedom of opinion and expression, which is guaranteed by Morocco’s Constitution.

The legislation focuses on protecting the privacy of voters and candidates from the use of their words or images for defamatory purposes. It also requires an intention to cause harm or unlawfully influence the electoral process.

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Cases where an intention to harm another person has not been established are therefore excluded from the provision. The text links this approach to the principles of criminal legality and proportionality recognized in constitutional jurisprudence and international human rights standards.

Violations covered by Article 51-bis can result in between two and five years in prison and a fine ranging from MAD 50,000 ($5,339) to MAD 100,000 ($10,678). The penalties are presented in the legislation as reflecting the seriousness of the acts covered by the provision.

The new rules are also part of a wider legal response to electronic crime, privacy violations, digital blackmail, and the spread of rumors and fake news during elections when these practices are used to defame individuals or influence the electoral process.

Morocco’s new approach follows similar mechanisms adopted in several countries to address fake news, manipulated digital content, and disinformation campaigns during election periods. These measures generally seek to limit the use of digital platforms to spread false or misleading information, manipulated material, or defamation campaigns against individuals and institutions.

The adoption of Article 51-bis is intended to reduce false information that could mislead the public or affect confidence in the credibility and transparency of elections, while maintaining a balance between freedom of expression and legal responsibility in the digital space.