The new provision criminalizes the use of information and communication technologies to distribute fabricated statements, images, false claims or documents, as well as rumors and fake news designed to undermine the credibility and integrity of elections.
The measure comes as digital platforms and artificial intelligence tools have made it easier to produce and circulate manipulated content during election campaigns, raising concerns over voter deception and attacks on candidates.
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The provision also takes freedom of expression into account by requiring criminal intent, specifically an intention to cause harm or improperly influence the electoral process. Cases lacking such intent therefore fall outside the scope of the provision.
Under Article 51 bis, violations are punishable by two to five years in prison and a fine ranging from MAD 50,000 to MAD 100,000.
The provision aims to address growing forms of cybercrime, including privacy violations, online blackmail and the circulation of misleading or fabricated content aimed at defamation or electoral interference.
The framework seeks to balance legal penalties with protections for freedom of expression and privacy, while strengthening safeguards around the integrity and transparency of the electoral process.
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It is also expected to help protect voters and candidates from digital defamation and unauthorized use of their images or statements, while strengthening public confidence in the electoral process and bringing Morocco’s legal framework closer to evolving approaches to combating election-related disinformation.
