约旦网络犯罪法中的人格暗杀罪

Ahmed Ali Al-Amawi
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摘要

一个人享有荣誉和自尊的权利是与法律人格相关并由此产生的权利之一,而不论其社会地位如何。随着网络犯罪的出现,那些篡改这些手段的人可能会对荣誉、声望和声誉进行攻击,这就需要对个人页面和网站上发布的内容进行控制。约旦立法者是这方面的先驱,这一点通过2023年颁布的第17号电子犯罪法得以具体化。本研究采用描述性方法和归纳分析方法。调查结果显示,该法律的独特之处在于,它包含了将传播或归咎于任何可能导致人身攻击的行为定为犯罪的条款。这是指故意在道德上清算一个人、机构、组织或社会团体的声誉和信誉,通过虚假指控、散布谣言、故意操纵错误的信息和事实,以呈现目标人物的不真实形象,并在社会上孤立他,类似于职业暗杀的过程。约旦立法者增加了对这一罪行的犯罪者和对其罪行作出贡献的每个人的惩罚。研究表明,虽然该法规定的电子诽谤罪与人格诋毁罪相似,都是为了损害被攻击人的名誉、尊严和威望,但人格诋毁罪必须具有特殊的意图,即在道德上消灭被攻击人,在社会上孤立被攻击人。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Crime of Character Assassination in The Jordanian Cybercrime Law
A person’s right to his honor and self-esteem is one of the rights associated with and arising from legal personality, regardless of his social status. With the emergence of cybercrime, it has become possible for attacks on honor, prestige and reputation to occur by those who tamper with these means, which necessitated setting controls for what is published on personal pages and websites. The Jordanian legislator was a pioneer in this regard, and this was crystallized through the enactment of the Electronic Crimes Law No. 17 of 2023. This study used the descriptive approach and the inductive analytical approach. The findings showed that this law is unique in including a text that criminalizes spreading or attributing any actions that would lead to character assassination. This means the deliberate moral liquidation of the reputation and credibility of a person, institution, organization, or social group, by making false accusations, spreading rumors, and manipulating deliberate misinformation and facts to present an untrue picture of the targeted person and isolate him socially, in a manner similar to the process of professional assassination of human life. The Jordanian legislator has increased the penalty for the perpetrator of this crime and everyone who contributed to its commission. The study showed that although the crime of electronic defamation stipulated in this law is similar to the crime of character assassination in that both of them aim to harm the reputation, dignity, and prestige of the targeted person, the special intent must be present in the crime of character assassination, which is to eliminate the targeted person morally and isolate him socially.
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