What is the penalty for publishing private photos without the owner’s consent on Facebook or WhatsApp in Egypt?
Egyptian law criminalizes the publication or circulation of private photos without the consent of their owner, imposing custodial penalties and financial fines pursuant to the Anti-Cyber and Information Technology Crimes Law No. 175 of 2018. Such conduct is considered a violation of privacy and the sanctity of private life.
The penalty is aggravated if the publication is accompanied by intent to defame, threaten, or coerce.
Does sending repeated messages to a person without their consent constitute a crime?
Yes. Sending electronic messages or messages via social media repeatedly and without the recipient’s consent constitutes the crime of harassment and annoyance.
It becomes criminally punishable if it results in psychological pressure, threats, or abuse, provided that criminal intent and repetition of the act are established.
What is the difference between defamation and electronic blackmail under Egyptian law?
- Defamation: Publishing information or images that harm a person’s honor or reputation with the intent to insult or damage their standing.
- Electronic blackmail: Using such information or images as a means of threat to compel the victim to perform an act or refrain from performing one.
Both are independent crimes, and they may occur together, leading to multiple charges and harsher penalties.
Does using Facebook or Messenger to commit a crime increase the penalty?
Yes. Using social media platforms as a means to commit a crime is considered an aggravating circumstance, as the offense becomes rapidly disseminated and potentially cross-border.
The offender is held criminally liable both for the underlying act and for the misuse of information technology tools.
Is transferring photos from someone’s phone without their knowledge a crime even if they are not published?
Yes. Merely transferring or copying private photos from a person’s device without their consent constitutes a clear violation of the sanctity of private life.
The crime is established even without publication, as the law protects privacy itself, not only the result of dissemination.
In such cases,
Technical investigations (mobile phone data extraction, examination of social media accounts, IP tracking) play a decisive role in proof, and the multiplicity of acts often leads to multiple charges and cumulative penalties.