General Overview:

Libya 's has a population of 5.67 million (1). Despite the economic difficulties that sanctions caused, in 2004 its Gross Domestic Product (GDP) was USD 34.8 billion and the per capita income was US$ 6,362 (2). Libya has some 750,000 land lines and 100,000 mobile phone line subscriptions (3). The primary reason that these are relatively low numbers is the delay in modernization and development in this sector due to the long years of economic sanctions. Gadaafi has called for each Libyan citizen to be provided with a mobile phone and a personal computer.

Internet and Telecommunications Sector

Libya has had access to internet services since 1998 and now has almost one million users, according to HRinfo latest statistics (4). The official numbers of users were made public during the 18 th meeting of the Intergovernmental Committee of Experts in Tangiers , Morocco , in 2003. Investments in information and telecommunications technology have doubled nine times in the last eight years (5).

The rapid expansion of access to the internet dates from the foundation of Libya Telecom and Technology Company in 1999. The state-owned company has a monopoly over both telecom and internet services. Although this has changed recently, there have been no obvious changes in relation to the operation of the monopoly of Internet services. The state still fully controls the company. This is due largely to the role played by Mohamed Gaddafi, the son of the Libyan President (6), who by virtue of all the key positions he holds is able to extend enormous control over the telecommunications sector. Thus for example: He has been the chairman of the Libya Telecom and Technology Company since its foundation, he is also the chairman of the Libyana Mobile Phone Company (founded in 2004) (7), as well as the chairman of the General Post and Telecommunication Company, which is the official body responsible for the management of entire wire and wireless telecommunication facilities in Libya (8). On top of these posts he also has a prominent position in the People's Committees as the secretary of the people committee of the General Authority for Information and Telecommunication.

In addition to their control of the telecommunication sector the Libyan authorities also control all other forms of traditional media. According to the Reporters without Borders classification Libya is ranked 162 out of 167 states with regard to freedom of the press (9).

Internet cafés are the actual reason behind the widespread internet usage all over the Libyan cities. That is particularly because many internet users have no terrestrial phone lines at home.

Censorship and Website Blocking

The general situation with respect with law and the judicial system in Libya is very difficult to understand since Gaddafi's "revolutionary legitimacy" gives him the right to regard his own personal ideas as constitutional reference which can replace both the Constitution and the Constitutional Court (10). In this unique context, any legal situation can always be subject to change. Further complicating this situation is the fact that there are no clearly assigned responsibilities for the authorities charged with supervising and controlling the internet.

The Libyan law forbids partisan action to the extent that it is considered "treason against the homeland" and is punishable by death. The Libyan Constitution guarantees freedom of expression but "within the limits of public interest and the principles of the revolution". However, Article no.178 of Law no.71/1972 stipulates that who publish any information which defames the country or undermines confidence in it abroad, shall be sentenced to life imprisonment (11). This is the general framework that governs publishing procedures and by extension the attitude of the government towards the internet.

The Internet has given a real opportunity for the various political forces which are prohibited from working according to law. Through their own websites, they can communicate with their audience. The most important examples are the "Muslim Brotherhood" and the "National Front for the Salvation of Libya", which are clearly working through the Internet. Thus the Libyan opposition has managed to penetrate the Libyan street via the internet (12).

The annual North Africa magazine recorded 27 Libyan opposition organizations working from outside the country. Among them, 12 organizations have websites and maintain an online presence. Most of the organizations are based in the United States or the United Kingdom . These groups have discovered the importance of the Internet as a low-cost and effective media for reaching the people.

In spite of the absence of any legal framework that identifies the mechanisms for censoring and blocking websites, the Libyan authorities impose censorship on the opposition websites. In some cases, the websites are completely destroyed. All Libyan opposition websites that come to the attention of the authorities are blocked inside Libya and cannot be viewed without Proxy software. These websites include; Akhbar Libya [Libya News] ( http://www.akhbar-libya.com ), Libya Watanona [Libya Our Home] ( http://www.libya-watanona.com ), Libya Al-Mostakbal [The Future of Libya] ( http://www.libya-almostakbal.com ). If someone tries to view these pages in an internet café, they will be expelled and could be reported to the security services (13). The security agencies have recently imported Russian internet experts in order to tighten its grip on the Internet navigation (14).

There are several cases where Libyan active websites have been blocked. The most recent case is of the website of the London based Libya Al-Youm [Libya Today] newspaper ( www.libya-alyoum.com ) which was blocked by Libyan censorship devices.. Further its website was penetrated and sabotaged by unidentified hackers which led to the destruction of all files and contents. It seems that the reason for this attack was because the newspaper had published extensive coverage, despite the media black-out the Libyan authorities tried to impose, of the bloody events which took place in Benghazi as a consequence of the public protest of the publication of cartoons depicting the Prophet Muhammad.

In the same way the Libya Al-Mostakbal website was blocked and destroyed by unidentified hackers. Later on, the website issued a press release which stated that the destroyed materials where not completely backed-up. The press release also warned users against receiving any more emails from the website because the website email was stolen (15).

In its report on the internet censorship in the Middle East , Human Rights Watch reported that the Libyan government prevents access to opposition websites based abroad. During the visit of Human Rights Watch mission to Libya on April/May 2005, the researchers could not navigate Libya Watanona [Libya Our Home] and Akhbar Libya [Libya News] websites from an internet café in Tripoli (16).

The editor of Akhbar Libya website Ashour Shamis believes that Libyan government "Hackers" had destroyed his website at least four times during the last three years. The most recent attempt took place in 13 June 2005 . "Their subversive activities destroyed all the archived materials and caused great damage in the database. Such attacks often occur each time critical articles that offend Gaddafi or the Security Agency are posted". The website had recently posted a series of articles about the 1969 military coup d'etat which brought Gaddafi to power. The website has also published a collection of articles on corruption under Gaddafi's regime (17).

Despite the overall deeply troubling picture of internet block and censorship in Libya there are some success stories. The oldest opposition website in Libya is that of Libya Watanona [ Libya our Home] is administered by Dr. Ibrahim Ighneiwa. Since its foundation in October 1995, the website affected political opinions on the Libyan street greatly though it is listed as a prohibited websites. This power has forced the Libyan authorities to approve its existence and try to utilize its popularity through posting declarations and replying to opponents (18).

The government controls traditional media institutions by the press law no.75/1973, under which private sector newspapers and magazines were nationalized (19). Moreover, Libya has no private Radio and Television broadcasts. Even electronic and online media is run by the state-owned Public Authority of Great Jamahiriya Radio (20). Such restrictions are extended to online posting and information exchange activities, through blocking or sometimes destroying opposition websites and detaining human rights activists on account of using the internet. .

Cases: Arrests because of Internet Use:

- Abdel Razek Mansuri

The case of the Libyan writer; Abdel Razek Mansuri is one of the most famous cases of arrest on account of online writing. The Libyan authorities arrested the 52 years-old Mansuri in his city of Tobruk because one year prior to his arrest, he wrote more than fifty articles and comments criticizing the Libyan government and society on the UK-based Akhbar Libya website (21). Mansuri was arrested on 12 January 2005 though authorities did not announce his arrest and his family were not given any news about him for almost four months (22).

Human Rights Watch visited Mansuri on 5 May 2005 in Abu-Salem prison. He told his visitors that those who arrested him had a paper entitling them to search his house and that they confiscated his own personal computer, documents, CDs, and Floppy Discs (23). He also claimed that interior security forces in Tobruk questioned him about his articles. Mansuri clarified that he did not know his charge and that he was not able to contact his lawyer or family (24).

On 19 October 2005 , after spending months in solitary confinement, a Libyan court sentenced Mansuri to 18 months in prison for illegal possession of a gun. In an extremely rare step, Mansuri's family in Libya sent a petition to the Libyan government, local and international media, and human rights organizations to condemn the arrest and imprisonment of Mansuri (25).

Mansuri's family stated that he was arrested because of his work as a journalist. He confessed that he was the writer of the online articles criticizing Libya (26). The imprisonment sentence against Mansuri is an obvious attempt to silence freedom of expression and opposing points of view by the Libyan government. However, Libyan authorities insisted that the arrest and imprison sentence have nothing to do with the freedom of expression. The Leader of Interior Security Agency, Colonel; Tohamy Khaled said that he was commissioned to arrest Mansuri and that he was not arrested because of an article, internet, or a radio. Instead he claimed that Mansuri was arrested and imprisoned because he illegally possessed a gun (27).

Deif Al-Ghazali

Libya is the first country to assassinate a writer because of his writings on the internet. The journalist Deif Al-Ghazali resigned from Al-Zahf Al-Akhdar Newspaper, which is state-owned publication, on 26 March 2005 because of his concerns with corruption. He started writing for Libyajeel.com about corruption and calling for reform. This did not continue long. On 21 May 2006 he was kidnapped. Unconfirmed reports say that he was kidnapped by internal security. Ten days later his body was found with all his limbs severed. His fingers were severed. Until now the criminals are unknown.

- Ashour-Nasr Al-Warfali

On 11 July 2004 , the Libyan authorities arrested the activist lawyer; Ashour Nasr Al-Warfali in Misrata after he called for an investigation to be held into the reasons behind his imprisonment and the confiscation of his private propertie (28). In an email sent by Al-Warfali to The Arabic Network for Human Rights Information (HRinfo) during the preparation of this research, he stated that he was arrested because he criticized human rights conditions in Libya . As he wrote that the security forces harass and detain political and human rights activists (29).

• Others

Free Libya Forum, an online opposition forum, enlisted 12 Libyan prisoners who are sentenced for imprisonment because of using the internet (30). This list is not confirmed by other confident sources yet. Moreover, it is posted under a pseudonym. Thereupon, such information cannot be completely assured and no one can tell if the mentioned detainees are imprisoned for their online activities or for some other reasons.

Internet Cafés

There are many restrictions on internet navigation inside internet cafés. "Previously, the names of internet cafés visitors had to be registered. However, everything has changed now; the authorities force café owner to expel those who visit prohibited websites (e.g. opposition and human rights websites). It is a provision to get the café license," a Libyan citizen said (31).

Caution posters can be seen everywhere on PCs and internal and external walls of Libyan internet cafés. The caution warns users against visiting both pornography and opposition websites (32).

Many Libyan opposition websites reported harassments suffered by cyber cafés visitors, especially during the bloody incidents in Benghazi . These reports provide a clear image for internet freedom conditions in Libya . For example, Libya Front website mentioned that security forces launched sudden and unusual visits to cyber cafés all over the country. That is in order to check if the cafés owners register users' names. Most internet cafés owners provide the Security Agency with the names of users, on a regular basis (33).

In another report, security authorities called on the owners of internet cafés and gave them "pieces of advice" accompanied with threats. They were ordered to censor café visitors. That is why they keep walking up and down in their own cafés all the time (34).

The case of Sameh Mohamed El-Arousy, an Egyptian citizen, is an example of the harassment suffered by internet café visitors. El-Arousy used to visit internet cafés and read Egyptian political web pages. The Libyan External Security Organization (Libyan Intelligence), officials threatened him and told him to stop access political websites.. However, Mohamed refused to comply and posted an article on the US-based opposition website Arab Times . The article was concerned focused on the human rights violations suffered by Egyptian nationals in Libya . Few days latter, ESO arrested El-Arousy from his house after beating him. Then he was detained for ten days at ESO headquarter. After being released, he discovered that they stole his own savings and that he was under house arrest within the city of Qumnis . Even worse, he spent six months without work until he was able to escape to Egypt on 27 January 2006 . El-Arousy sent a petition to the Libyan authorities including President Gaddafi, calling for a fair investigation to be conducted into his allegations (35). El-Arousy claims to have latter learnt that it was the café owner who informed the security service about him.
--------------------------------
1-General Authority of Information and Technology website, Summary of the general census of population in 2006, http://www.gait.gov.ly/news/main_page.htm , visited on 12 May 2006.
2-International Telecommunication Union website, Libya page, http://www.ituarabic.org/arab_country_report.asp?arab_country_code=18 (visited on 18 April 2006)
3-Ibid
4-The Internet in The Arab World: A New Space of Repression, The Arabic Network for Human Rights Information, http://www.hrinfo.net/reports/net2004/libya.shtml (visited on 19 July 2006). See also A Report on the Internet in Libya , Akakous for Strategic Studies website, above mentioned.
5-Ibid
6-Libya Telecom and Technology Company website, http://www.lttnet.com (visited on 20 July 2006).
7-Libyana Mobile Phone Company, http://www.gptc-libya.com/aboutus.htm (visited on 20 July 2006).
8-General Post and Telecommunication Company website, http://www.gptc-libya.com (visited on 20 July 2006).
9-Libya : Arresting an Online Writer in Tobruk, a press release by Reporters without Borders, The Arabic Network for Human Rights Information website, http://www.hrinfo.net/mena/rsf/2005/pr0402.shtml (visited on 30 June 2006)
10-Ibid
11-Ibid
12-Libya websites ... a Breath for Youth, Islam Online website, http://www.islamonline.net/Arabic/news/2005-08/14/article14.shtml (visited on 12 April 2006)
13-Ashour Nasr Al-Warfaly, a Witness in an email sent to The Arabic Network for Human Rights Information,
14-Ashour Idris, a Witness in an email sent to The Arabic Network for Human Rights Information
15-A declaration on Libya Al-Mostakbal website, National Front for the Salvation of Libya website, http://www.nfsl-libya.com/Mail/7978.htm (visited on 18 June 2006)
16-Human Rights Watch, False Freedom, Online Censorship in the Middle East and North Africa, P. 5
17-Ibid.
18-Ibid.
19-Sherif Mansour, The Annual Report on Civil Society and Democratic Transformation in The Arab World, above mentioned
20-Libya from Words to Action, Human Rights Watch report on the importance of human rights reformation in Libya , January 2006
21-Reporters without Borders, Imprisoned cyber-dissident in worrying condition after injury in fall from bunkbed 17 August 2005 , http://www.rsf.org/article.php3?id_article=13890 (visited on 12 July 2006 )
22-Libya : Online Writer Arrested in Tobruk, The Arabic Network for Human Rights Information, http://www.hrinfo.net/mena/rsf/2005/pr0402.shtml (visited on 23 July 2006)
23- Reporters without Borders, Imprisoned cyber-dissident in worrying condition after injury in fall from bunkbed, above mentioned
24-Libya : Online Journalist Sentenced to Prison, The Arabic Network for Human Rights Information, http://www.hrinfo.net/mena/hrw/2005/pr1102.shtml (visited on 25 July 2006)
25-Ibid
26-Ibid
27-Ibid
28-Sherif Mansour, The Annual Report on Civil Society and Democratic Transformation in The Arab World, above mentioned
29-Ashour Nasr Al-Warfaly, a Witness in an email sent to The Arabic Network for Human Rights Information, above mentioned
30-Internet Prisoners in Libya , Libya Al-Hora [Free Libya] website, http://www.libya-alhora.com/forum/showthread.php?t=3794 , 13 October 2005 (visited on 6 June 2006 )
31-Ashour Nasr Al-Warfaly, a Witness in an email sent to The Arabic Network for Human Rights Information, above mentioned
32-Libya websites ... a Breath for Youth, Islam Online website,
33-Gaddafi Regime Looks for New Methods to Censor The Internet in Libya , National Front for The Salvation of Libya, http://www.nfsl-libya.com/NewsComments/2103.htm (visited on 17 May 2006)
34-Security Forces are Putting Pressure on Cyber Cafés Owners, National Front for The Salvation of Libya, http://www.nfsl-libya.com/NewsComments/2050.htm (visited on 17 May 2006)
35-Sameh Mohamed Said El-Arousy, a detailed email with clear incident and dates, sent to The Arabic Network for Human Rights Information