4 - Developing Relevant Legislation
There is no doubt that a supportive legislative
environment for the ICT sector is fundamental
to its success and its ability to attract local and
foreign investment.
Egypt has issued various laws relating to the
ICT sector over the last 10 years, covering areas
including regulation of telecommunications,
e-signatures and protection of intellectual
property. However, due to the growth of the
sector, as well as the fast pace of change in
ICT, new or amended legislation is required to
ensure that the rights of investors, employees
and the public are fully protected by the law.
Furthermore, since the ICT sector has since its
inception been a pillar of the national economy, it
is important in light of Egypt’s current democratic
transition to maintain a legislative environment
that boosts the sector’s ability to grow and to
support other sectors of the economy.
In the final quarter of 2011, MCIT formed a
committee of legal and technical experts to
formulate a set of new regulations for the
coming phase, and to propose modifications,
where appropriate, to existing regulations.
Telecommunications Law No. 10 of 2003 has
since been amended, and the committee is
soon to present its proposed amendments to
E-Signature Law No. 15 of 2004. The committee
has also begun work to formulate draft laws
relating to freedom of information, cybersecurity
and e-commerce.
When drafting bills, the committee first examines
relevant legislation from other countries and
reviews reports and opinions from civil society
organizations and specialists. Committee
members then discuss and formulate the draft
law, which passes through several rounds of
review before presentation to parliament.
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4.1 Telecommunications Law No. 10 of 2003
Telecommunications Law No. 10 of 2003 was
one of the laws most in need of amendment due
to its political dimensions. During the 25 January
Revolution, the governing authorities found legal
justification in Articles 65 and 67 of this law to
disconnect various means of communication,
even though this action restricted the basic right
of freedom of expression.
After the revolution, MCIT, in response to public
demand, initiated a community dialogue
concerning necessary amendments to the
law. The ministry then formed a committee
charged with reviewing existing legislation
and drafting new laws, in consultation with
experts and representatives from the ICT sector
and concerned civil society organizations and
taking into consideration the views raised
through the community dialogue also opened
a dialogue and discussion with the National
Telecommunications Regulatory Authority on
this law.
The committee proposed the amendment of
about 55 articles, divided into five groups, and
the addition of articles, as follows:
Group 1:
Amendments to definitions applied in the
law and items concerning the formation of
the National Telecommunication Regulatory
Authority board of directors
Article 1: Definitions (telecommunications,
broadcasting, national security and state
media)
Article 12: Formation and membership of the
NTRA board of directors