Morocco's New Social Media Law: HACA to Expand Authority Under Bensaid's Plan

Morocco World

16-05-2025

Doha – Morocco is unleashing a regulatory arsenal against global tech giants. The sweeping initiative aims to bring the digital Wild West under state supervision after years of unfettered operation.
With a stroke of legislative authority, the North African country intends to rein in platforms that have become powerful shapers of public opinion, cultural values, and social behavior.
This bold power play positions Morocco at the vanguard of regional efforts to assert national sovereignty over virtual spaces previously dominated by Silicon Valley corporations.
'The anarchic proliferation of social networks and their social impact clearly demonstrates the necessity of preparing a complete national legal framework capable of accompanying digital transformations, and protecting the values of societal cohesion,' declared Minister of Culture, Youth and Communication Mohamed Mehdi Bensaid.
He presented the plan before the Commission of Education, Culture and Communication at the Chamber of Representatives on Wednesday, stressing that the legislation would protect societal values 'without infringing on freedom of expression.'
The minister's department is currently developing what he described as a 'robust, coherent and complete' framework before submitting it to the legislative process.
The proposed regulations target platforms serving Moroccan audiences or generating revenue from the country's advertising market. Such companies will face new obligations, including mandatory appointment of legal representatives within Morocco.
Bensaid asserted this measure would overcome 'the legislative void that gives foreign digital platforms freedom to work without effective surveillance.' It would also provide 'a practical mechanism for activating censorship and sanctions in cases of violations or lack of cooperation with national authorities.'
According to a previous ministerial study, nearly 80% of information presented as exclusive on these platforms proves to be false, misleading, or manipulated. This statistic shows the urgency of intervention in a country where internet penetration has reached 91% among urban residents—a substantial jump from 76% in 2023.
Moroccans now spend daily hours online, with 43% of young Moroccans aged 18-29 devoting between three and five hours daily to social media platforms, according to a 2024 study by OpinionWay Maroc and Saga Communication.
HACA gains unprecedented powers in digital sphere
The cornerstone of Morocco's digital regulation strategy involves dramatically expanding the authority of the High Authority for Audiovisual Communication (HACA). This institution will transition from a traditional media regulator to a powerful digital watchdog with expansive jurisdiction over the online space.
'We are working to extend HACA's competencies to allow it to regulate this domain according to a perspective combining freedom of expression, protection of the public, and digital justice,' Bensaid stated. The minister added that 'maximum priority' would be given to 'the state's role in protecting the public from negative effects of digital content.'
Among the key elements of this initiative, Bensaid pinpointed 'a precise definition' of 'digital platform' services or online content-sharing platforms (social networks), as well as subjecting providers to 'clearly articulated legal obligations' aimed at structuring the relationship between the state and digital actors.
The expanded powers will enable HACA to monitor platforms even without a physical presence in Morocco. The regulator can demand periodic reports on content moderation policies, complaint handling mechanisms, and statistics on removed content.
HACA will also gain authority to order content removal or restriction, particularly for material promoting violence, terrorism, racial or religious discrimination, or spreading misinformation.
'This is an essential step to overcome regulatory barriers regarding sovereignty and ensure that international digital actors are held accountable and controlled,' Bensaid told lawmakers.
This initiative will draw heavily on international experience, particularly the European Union's Digital Services Act (DSA), which came into force in 2023. The minister called it 'one of the most advanced texts globally' for online services regulation.
The European framework imposes strict obligations regarding transparency, combating illegal content, and ensuring user safety, especially for minors.
Notably, this is not the first time Morocco has considered expanding HACA's authority to digital platforms. In 2019, then-Minister of Culture Mohamed Laâraj supported the idea of extending the regulator's powers to cover online content, advocating for its development within an appropriate legal framework.
However, that initiative never progressed beyond preliminary discussions and did not advance to the Secretariat General of the Government.
Platforms face strict content and financial obligations
Digital platforms will confront stringent new requirements under the proposed legislation. They must implement 'efficient content moderation systems' using algorithms that automatically detect problematic material.
These automated tools must identify and address content related to violence, hate speech, false information, and inappropriate material targeting minors.
'Digital platforms will be required to counter false information immediately,' Bensaid explained. This applies especially to content 'inciting violence, terrorism, racial or religious discrimination.'
Platforms must establish transparent reporting mechanisms for swift response to complaints. The minister noted this would promote 'preventive responsibility' by enabling platforms to 'intervene before situations escalate.'
For child protection, the legislation mandates age-appropriate content classification, parental control activation, and prohibition of advertising exploiting children's vulnerability. 'Platforms must take measures to protect young users from harmful or inappropriate content,' Bensaid said.
This includes 'categorization by age group, activation of parental control tools, banning advertisements that exploit minors' vulnerability or promote harmful products, and removing any content that could harm psychological or behavioral development.'
Financial transparency requirements form another crucial element of the framework. Platforms generating advertising revenue in Morocco must 'respect fiscal transparency, collaborate with financial authorities, and potentially submit to financial restrictions in case of violations,' according to the minister.
These companies will need to cooperate with the General Tax Administration, Bank Al-Maghrib, and the Exchange Office to ensure compliance with Moroccan financial regulations.
Growing government concern over digital 'anarchy'
The new legislation reflects mounting official anxiety about unregulated online content. Justice Minister Abdellatif Ouahbi has repeatedly voiced concern about social media's impact on Morocco's institutions and society.
In December 2024, Ouahbi warned that social media, particularly Facebook, posed 'a serious threat to judicial independence.' He criticized individuals, including former judges turned lawyers, who publicly challenge court decisions on these platforms.
'We cannot allow chaos to continue. If necessary, we stop the caravan, discipline the dogs, and then resume our path,' Ouahbi stated, rejecting the trend of labeling officials as corrupt without evidence.
Earlier, in September 2024, Ouahbi announced plans to introduce strict penalties in the penal code for social media misconduct. 'We are going to put an end to what is happening on TikTok and YouTube, such as filming people's private lives without their permission,' he declared during a television interview.
'Human dignity and private life are sacred and inviolable,' the justice minister asserted, questioning individuals' right to photograph or film others without consent.
These concerns come at a time when Moroccans are consuming more media than ever before. According to Kantar's latest Africascope Maghreb 2024 study, urban Moroccans devote 5 hours and 46 minutes daily to media: 2 hours and 57 minutes watching television, 2 hours and 17 minutes online, and 32 minutes tuned to radio.
Social media dominates online activity, with Facebook leading at 84% daily usage, followed by WhatsApp at 70%, and Instagram at 60%.
The government's initiative represents Morocco's entry into the global movement toward digital sovereignty, joining countries worldwide seeking to assert control over their digital spaces.
If adopted, these regulations would fundamentally transform the relationship between Moroccan authorities, international tech giants, and the millions of Moroccans who increasingly live their lives online.
Many civil society organizations, however, have voiced alarm over the potential implications for digital freedoms, cautioning that the proposed framework may offer legal cover for expanding state censorship and surveillance.
The vague language around 'protecting social values' is seen by critics as a Trojan horse for censorship—a velvet glove concealing a fist—capable of weaponizing morality to stifle dissent and sweep away legitimate political expression under the guise of public interest.