Nai the supporting open media in Afghanistan received document which indicates that in the second volume of the Afghanistan Panel code which was approved by the President recently focused on the National Cyber criminal activities.
After reviewing the following code Nai supporting open media in Afghanistan reached to a conclusion that the upcoming act will limit the freedom.
Nai also believes that, some words were defined well, some will be interpreted and some other points are very vague and do not provide well meaning at first glance.
The Nai general beliefs are as follows:
1 – This part of the law does not provide clear object, and meaning of the words, which could create a lot of problems for the law executors, and it will also pave the way for the judicial and justice institutions to interpret the words based on their own favor, and the interpretation could also damage the rights people and citizen’s freedom of speech and freedom, as an example: the article 877 which insists for not producing the “Electronic Communication Technology and IT equipment” the following phrase does not give clear meaning.
2 – Article 883 has more vague, for example the words: deceptive, gaining profits and etc , however computers are used for gaining profits, from the other hands some of the Governmental IT staffs based on the existed policies are banning and occupying the other staffs computers and laptops, in this case based on the act all the IT staffs are recognized as criminal, 5th part of the law expresses that using information and programs from the second computer is called criminal act.
3 – Article 888 insists that, the individual who can access the system, program or secret- confident information is recognized as National criminal, originally each computer is having some type of secret information and smart Technology. How National traitor tag is mentioned here? The following article didn’t differeciate the Governmental and None Governmental computers and tagged the National Traitor to any individuals who could access secret information through a computer, though the paragraph (2) has defined the secret information as follows: secret information belongs to National Sovereignty, territorial integrity and National security, but the main issue within the article has not explained the differ between the Governmental and None Governmental computers.
4 – Article 889 the word of Government has been mentioned publically and it says: the individual on behalf of the Government, group or none Governmental Organization launches cyber attack shall be sentenced, but by which Government state? It should have said that: on behalf of the foreign Government, or as the result of the provocation the foreign, Government, party, or none Governmental Organizations.
5- Article 891 in paragraph (1th) the individual who produces none Islamic and immoral issues, and shares it through computer by using communication equipment will be sentenced to imprisonment, and in the 2th paragraph of the Article, the immoral issues has been defined but the none Islamic issues weren’t, a question is raised that what are the Islamic and none Islamic issues?
6- Article 892 publishing and sharing of the private audio, video clip of the second party shall be called criminal act, in this case documenting of criminals, telecasting of the investigative programs based on the law is considered crime, and they are immune.
7- Article 894 mostly focused on Ethnic, Religious, language and the perpetrators of the cases were not clearly counted as criminal, now what can we call language bias, religious? No word has been mentioned, according to Article 902 the Government could delay the activities of each institution, organization and media under the title of breaking the law by focusing the language bias, religious or tribal issues from one year up to five years, its also stressed that Government can punish both parties if they commit any action contrary to the law, both the real and ruling party, while crime is a personal act.
8- Article 903 the title of the Article is immunity from the cyber criminal activities, it interdicts the criticism of the individuals by respecting the mass media law orders to be exempted from the prosecution, but the following article cannot stand against other above mentioned articles.