Blocking Pornographic Websites and Platforms on the Government’s Table

The National People’s Assembly Bureau referred a draft to block websites and online platforms containing pornographic content to the government, after approving the legislative initiative, which comprises 11 articles. According to its author, the initiative aims to regulate the digital space and control indecent content.

The referral decision follows the lower house’s bureau, which heard from the draft initiator, MP Youcef Adjissa, on Monday. He presented the justifications and objectives, and the bureau then approved and referred them to the government for a decision in accordance with established constitutional procedures.

This proposal, which Echorouk has reviewed, comes, according to its explanatory memorandum, in the context of what its proponents describe as the growing challenges associated with the digital revolution and the resulting widespread dissemination of content deemed harmful to moral and social values, particularly for vulnerable groups such as kids and adolescents. The proposal’s initiator argues that the absence of a clear legal framework that enables authorities to block such websites limits the state’s ability to regulate cyberspace and leaves intervention mechanisms reliant on sporadic measures without a specific legal basis.

The explanatory memorandum indicates that the initiative stems from the principle of aligning national legislation with rapid digital transformations by establishing a clear definition of pornographic content and specifying the legally authorised bodies to make blocking decisions. This ensures that the process is framed within a specific legal context and avoids any ambiguity in application or conflicting jurisdictions among the relevant authorities.

The proposal is also based on justifications related to protecting kids from the behavioural and psychological repercussions of excessive exposure to pornography, which, according to the explanatory memorandum, can lead to addiction, social isolation, and declining academic performance. It also cites the connection of some pornographic platforms to transnational cybercrimes such as sexual exploitation and blackmail.

From another perspective, the initiator links the project to strengthening what they call “digital sovereignty,” arguing that the state has the right to regulate its cyberspace in accordance with its constitutional and cultural specificities, especially given the rapid advancements in technology and artificial intelligence.
On a procedural level, the proposal empowers competent authorities to issue blocking orders against websites displaying explicit sexual content or material that violates public decency, whether local or foreign, and accessible within the national territory.
Internet service providers are also compelled to take the necessary technical measures to implement blocking decisions immediately upon their issuance, and to regularly update their monitoring systems to ensure their effectiveness. This places direct technical obligations on service providers, who are subject to legal action.

The text also includes punitive measures against anyone who facilitates access to these websites or promotes them through electronic media, as well as penalties for those who use technical tools to circumvent blocking systems. It also stipulates financial fines and administrative penalties that may include suspension or revocation of licenses for violating companies, with the task of monitoring and enforcement assigned to the competent regulatory authority.

By referring it to the government, the proposal enters a new phase of study, pending the executive branch’s decision on it, whether to adopt it in the form of a draft law or to introduce amendments to it, before presenting it to Parliament for discussion and final decision.