Online Blackmail in Jordanian Law: Its Forms, Penalties and the Lawyer's Role
A single message arrives in the middle of the night, containing a private image or an excerpt from an old conversation, together with a demand: a sum of money, a meeting, or silence about some matter, or else everything will be published. This is the moment an online blackmail file begins, and it is often the most dangerous moment in it, because what the victim does in the first hours can strengthen or weaken the file. Cybercrime Law No. 17 of 2023 expressly criminalized blackmail and threats by electronic means in Article 18, alongside what Penal Code No. 16 of 1960 and its amendments provides in Article 415 for forms of threatening to expose matters that harm honor. However, the same messages may fall under several provisions whose penalties range from imprisonment and a fine to temporary labor, and determining the applicable provision and the course of the file is the work of a specialist lawyer who reads the full facts before any step.
1. What Online Blackmail Is in Jordanian Law
The Cybercrime Law did not lay down a separate definition of the word "blackmail," but it described the punishable act in paragraph (a) of Article 18: a person blackmailing or threatening another to make them do or refrain from doing an act, or to obtain any benefit from it, using an information system, the information network, a website, a social media platform or any information technology means. The penalty for this basic form is imprisonment for not less than one year and a fine of not less than 3,000 Jordanian dinars (JOD) and not more than 6,000 dinars, rising to temporary labor in the aggravated forms.
This description shows that online blackmail in Jordanian law rests on three elements together: a means of pressure that instills fear in the victim, a demand the offender wants fulfilled, whether money, an act or an omission, and an electronic means through which the threat is made. The provision does not require the demand to be money. A demand for an additional image, a meeting, the waiver of a right or the withdrawal of a complaint are all forms covered by the criminalization once the other elements are present.
Blackmail in this sense differs from a bare threat that is not accompanied by a demand, and from fraud, which rests on deceiving the victim rather than frightening them. This distinction has a direct effect, since it determines the provision under which the offender will be tried and the penalty they face, and the lawyer addresses these boundaries in detail when examining the crime of online fraud or other forms of threats.
2. When the Crime of Blackmail Is Complete
Many victims believe the crime occurs only if they pay or their images are published, but the provision says otherwise. Article 18 punishes the act of blackmail or threat with the intent of making someone do or refrain from an act or of obtaining a benefit, and it does not make punishment conditional on the offender obtaining what they demanded, nor on their carrying out the threat.
The material element: It is established by a threat directed through an electronic means, coupled with a demand that is explicit or understood from the context. The threat may be in a text message, a voice recording, a comment, or a message from a fake account. Among the questions the lawyer examines here: is the demand clear enough, and do scattered messages taken together amount to a threat coupled with a demand.
The mental element: It rests on the offender's knowledge that they are threatening, and their will to use this threat as a means of achieving what they demand. The lawyer reads intent from the conversation as a whole, not from a single phrase, because the same phrase may be understood in different ways depending on its context.
Attributing the act to a specific person: This is in fact the hardest part of the file. In many cases the offender hides behind an assumed account or a foreign number, and linking the account to its real owner is a technical and legal question on which the lawyer builds a position before any accusation.
3. The Penalty for Online Blackmail in Jordan by Form of the Act
The following table brings together the forms that occur most often in blackmail files, the provision the lawyer examines in each form, and the penalty as stated in the provision:
| Form of the act | Provision the lawyer examines | Penalty set by the provision | Note on prosecution |
|---|---|---|---|
| A threat by electronic means to make a person do or refrain from an act or to obtain a benefit, such as demanding a sum of money | Article 18(a) of Cybercrime Law No. 17 of 2023 | Imprisonment for not less than one year and a fine of not less than 3,000 dinars and not more than 6,000 dinars | The provision does not make prosecution conditional on a complaint |
| A threat to commit a crime, or to attribute matters offensive to honor or reputation, accompanied by an explicit or implicit demand | Article 18(b) of the same Law | Temporary labor and a fine of not less than 5,000 dinars and not more than 10,000 dinars | A threat to publish private images or chats is often examined under this paragraph, and the characterization is settled by the lawyer after reading the content |
| Carrying out the threat by publishing a recording, image or video of something the person takes care to protect and keep hidden | Article 20(a) of the same Law | Imprisonment for not less than three months and a fine of not less than 20,000 dinars and not more than 40,000 dinars | Prosecution upon complaint, even if the offender obtained the material lawfully |
| Fabricating, altering or processing a private image or video with intent to defame, harm or benefit | Article 20(b) of the same Law | Imprisonment for not less than two years and a fine of not less than 25,000 dinars and not more than 50,000 dinars | The act of alteration itself is punished once coupled with intent |
| Sexual content concerning a juvenile who has not exceeded eighteen years of age, where the aim is to exploit them or incite them to commit a crime | Article 13(b)(2) alongside Article 18 | Imprisonment for not less than two years and a fine of not less than 9,000 dinars and not more than 30,000 dinars | The lawyer examines the combination of the two provisions in the single act |
| A threat to expose a matter that harms the standing or honor of the person or the standing of one of their relatives, by non-electronic means | Article 415 of the Penal Code | Imprisonment from three months to two years and a fine from fifty to two hundred dinars | The traditional provision that predates electronic criminalization |
| Multiple victims, repetition of the crime, or abuse of office | Article 28 of the Cybercrime Law | The penalties set out in the Law are doubled | An aggravating circumstance added to any of the forms above |
The table shows that a single act may move across more than one row. A threat to publish a private image in return for money may be read under paragraph (a) or paragraph (b) of Article 18; if the image is actually published, Article 20 enters the file, and if there are multiple victims the penalty is doubled. For this reason, choosing the legal description on which the complaint is built is itself a legal point that merits consultation, because the weaker description may cost the victim protection the law provides.
4. When the Blackmailer Carries Out the Threat
The law punishes the publication of private content under a provision separate from the threat provision. Article 20(a) punishes anyone who publishes by electronic means a recording, image or video of something the person takes care to protect and keep hidden, with intent to defame, harm or obtain a benefit, even if they obtained that material lawfully. This is an important point in cases arising from past relationships, where the offender argues that the images were sent to them with their owner's consent.
Article 20(b) addresses another form of harm: fabricating, altering or processing private images or clips with intent to defame, harm or benefit, and its penalty is heavier than that for mere publication. This means that a blackmailer who manipulates images to make them more harmful does not reduce their liability by arguing that the image in circulation is not the original.
Publication may also intersect with crimes of harm to reputation, which the lawyer examines when comparing the provisions on the crimes of defamation, slander and smearing with Article 20, because each has its own elements, penalty and conditions of prosecution.
Practical note: The conditions of prosecution differ from one provision to another; paragraph (a) of Article 20 makes prosecution subject to a complaint, while Article 18 does not make prosecution conditional on a complaint. The lawyer reviews the provision in force that applies to each act before determining the effect of any waiver or settlement, because this effect changes as the description changes, or by consulting a specialist lawyer.
5. Circumstances That Aggravate the Penalty or Widen the Circle of Liability
The Cybercrime Law contains general provisions that may raise the penalty above its minimum, or extend liability beyond the direct perpetrator:
- Doubling the penalty (Article 28): The penalties set out in the Law are doubled if the offender committed the crime by exploiting their office, work or powers, if there are multiple victims, if any of the crimes set out in the Law is committed repeatedly, or if it is committed for the benefit of a foreign state or an unlawful organization. Multiple victims are common in blackmail networks that target dozens of people with the same method.
- The accomplice, the accessory and the instigator (Article 27): Anyone who intentionally participates in, assists or instigates the commission of any of the crimes in the Law is punished with the penalty set for its perpetrator, which extends to whoever runs the account, collects the money or supplies the blackmailer with content.
- Confiscation and blocking (Article 31): On conviction, the court on its own motion orders the confiscation of the devices and means used and the proceeds of the crime, the deletion of the data at the perpetrator's expense, and the suspension or blocking of the website or system used for the period it determines.
- An offender outside Jordan (Article 38): The public-right action (the public right being the State's right to prosecute) and the private-right action (the private right being the victim's personal claim) are brought if the crime was committed outside the Kingdom and caused damage to one of its citizens or residents, or its effects occurred in it wholly or partly. The blackmailer being in another country does not remove the protection, although it changes the tools the file needs.
- The more severe provision (Article 30): Applying the penalties of the Cybercrime Law does not prevent the imposition of a more severe penalty provided for by another law.
6. Between the Cybercrime Law and the Penal Code
Before specific electronic criminalization, Article 415 of the Penal Code was the provision governing a threat to expose or disclose a matter if it would harm the standing or honor of the person or the standing of one of their relatives, and this Article remains in force for acts not committed by electronic means. The difference in penalty between the two provisions is large: Article 415 sets imprisonment from three months to two years and a fine from fifty to two hundred dinars, while the penalty under Article 18(a) starts at imprisonment for not less than one year and a fine of not less than 3,000 dinars, and paragraph (b) reaches temporary labor.
Many real files are mixed: a verbal threat followed by a threat by message, or a written message sent by a third person. In these cases the general threat provisions of the Penal Code, including the threat provisions, overlap with the specific provisions of the Cybercrime Law. The lawyer determines which provisions apply, whether more than one crime is combined in the act, and the effect of that on the penalty.
7. Evidence in Blackmail Cases
Evidence in online blackmail is digital by nature. A saved conversation may be enough on its own to build the file, but it may be deleted by the other party, the account that sent it may be closed, or the authenticity of the screenshot submitted may be challenged.
Among the matters the lawyer assesses when building the file:
- The completeness of the conversation thread, not the scattered messages alone, because intent is read from the full context.
- How far the account or number can be linked to a specific person, and what requests to the Public Prosecution or to technical authorities this requires.
- The existence of other victims of the same method, given its effect under Article 28.
- The integrity of the digital evidence against any alteration that would open it to challenge.
This is why the same warning recurs in every file: do not pay any sum, do not delete the conversations or the account, and do not answer the blackmailer with a counter-threat, before consulting a lawyer. Paying may be read as a response that opens the door to a new demand, deleting loses the evidence, and an emotional reply may later be used against the victim.
8. The Position of the Respondent in Blackmail Cases
Not everyone complained against for blackmail is a blackmailer. A complaint may arise from an earlier financial or emotional dispute, messages may be attributed to a person who did not send them, and a legitimate demand may be presented as a threat. The penalties under Article 18 are heavy, especially when the application of paragraph (b) is sought or Article 28 is raised, and the difference between the two descriptions may be the difference between imprisonment and temporary labor.
In the defense position, the lawyer examines whether the elements of the crime as drawn by the provision are present, whether the account and messages are correctly attributed to the client, the integrity of the digital evidence, and the correct legal description of the act. These questions differ depending on the facts of each case, and they are points the lawyer settles after reviewing the full file; they cannot properly be answered from outside it.
9. Frequently Asked Questions
What is the definition of blackmail in Jordanian law?
The law did not lay down a separate definition, but Article 18 of Cybercrime Law No. 17 of 2023 described the act: blackmailing or threatening a person to make them do or refrain from an act or to obtain a benefit, using an information technology means. Outside electronic means, it is governed by Article 415 of the Penal Code.
What is the penalty for online blackmail in Jordan?
Under Article 18(a), imprisonment for not less than one year and a fine of not less than 3,000 dinars and not more than 6,000 dinars. If the threat is to commit a crime or to attribute matters offensive to honor or reputation and is accompanied by a demand, the penalty under paragraph (b) is temporary labor and a fine of not less than 5,000 dinars and not more than 10,000 dinars, and the penalty is doubled in the cases covered by Article 28.
Is the blackmailer punished if they did not get the money?
Yes. The provision punishes blackmail or threats with intent to obtain a benefit or to make someone do or refrain from an act, and it does not require that what the offender demanded be achieved.
Does the blackmailer carry out the threat or not?
No legal provision can predict the blackmailer's behavior, but the law treats carrying out the threat as an additional crime: publishing private images or clips is punishable under Article 20, and fabricating or altering them is punishable with a heavier penalty. Assessing how serious the situation is in a particular file is a matter the lawyer evaluates with the victim.
Does the public right lapse in blackmail cases?
That depends on the applicable provision. Article 18 does not make prosecution conditional on a complaint, while Article 20(a) makes prosecution for the crime of publication subject to a complaint. The lawyer therefore determines the effect of any waiver after characterizing the act.
How is a blackmail case proven?
Mainly through digital evidence: conversations, recordings and accounts, linked to the person of the offender. The strength of the file depends on the completeness and integrity of the evidence, which is why it is advisable not to delete anything before presenting the file to a lawyer who assesses what is sufficient and what needs to be completed.
What if the blackmailer is outside Jordan?
The public-right action and the private-right action are brought under Article 38 if the crime committed outside the Kingdom caused damage to one of its citizens or residents, or its effects occurred in it. But prosecuting an offender abroad requires special legal tools that the lawyer determines according to the case.
Legal Consultation
Online blackmail files are among the most sensitive criminal cases: the victim faces the risk of scandal and psychological pressure that pushes them toward hasty decisions, and the respondent faces penalties that may reach temporary labor and are doubled in some cases. A mistake in the first hours, by paying a sum, deleting a conversation or choosing a weak legal description, may be impossible to correct later. For specialist criminal consultation in blackmail and cybercrime cases, including characterizing the act between the blackmail and publication provisions, and for a fuller understanding of the related provisions in cybercrime in Jordanian law and criminal threats in the Penal Code, you can contact Alabwini Law Firm & Legal Consultancy.
