international law as justifying restrictions on freedom of expression. Instead, the free and
open nature of the Internet should be respected, subject to laws of general application, such
as defamation or hate speech laws. This situation is seriously exacerbated in Jordan due to
the fact that the PPL requires the Director of the Media Commission to block unlicensed
websites which violate the provisions of the law, including because they are required to
register. 100s of websites were in fact blocked in June 2013, giving rise to widespread both
internal and international criticism.
The new rules also set strict conditions for online content. These include that the owners
and editor-in-chief are responsible for the content of third party comments, which are
considered to be “journalistic material”, that only comments which related to the topic of
the news article are allowed, and that websites must keep records of comments for six
months, including information about the individual who posted them.
Once again, these provisions signally fail to respect international standards, which hold that
websites should not be responsible for third party comments at least until they have
received a reliable notification to the effect that the comment is illegal, and then fail to take
it down. There is also no reason why comments should formally be required to relate to the
news article; the online space is so important to freedom of expression precisely because it
allows for freewheeling debates which do not necessary follow formal standards of logic
and coherence. Finally, the ability and indeed right to post content anonymously is widely
recognised as an aspect of the right to freedom of expression.
In terms of enforcement, the PPL creates a complex relationship between the Director of
the Media Commission and the courts. The former has the power to ban the importation of
foreign publications which breach the rules in the Law, whereas according to international
law only courts should wield these sorts of powers. The Director also has the power to refer
cases concerning books to the court, which led to the very high number of over 30 books
per year being banned in 2013 and 2014. It would be preferable if any such actions were
initiated only in the regular way by the prosecutorial authorities without the intervention of
the Director.
Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 3