The filming of “Non-Fasters” in Homs has sparked widespread debate and reignited questions about the line between personal freedom and social humiliation, but what does Syrian law say about eating during Ramadan, defamation, and filming people without their consent?
The incident near Homs sparked widespread controversy after a video clip showing customers smoking, eating and drinking inside a tourist cafe was circulated online. The video was later released publicly to shame them with the title “Criticizing people who break their fast during Ramadan.”
The incident quickly spread across social media, reigniting debate about restrictions on personal freedom, legal rights related to privacy, and how religious and social discourse can become tools of pressure and incitement against individuals in public spaces.
Filming without consent
Critics of the viral video said an activist entered a cafe in Homs, filmed customers without their knowledge, and posted the footage on Facebook along with comments denouncing those who did not fast during Ramadan, calling it a “clear legal and ethical violation.”
This is the second year in a row that reports have resurfaced regarding public eating during Ramadan and the use of social media as a tool for public shaming, raising deeper questions about the limits set by Syrian law to protect individual privacy.
Legal opinion: Publishing the video is a cybercrime
Mohammad Dahiya, a Syrian lawyer and legal expert in cybercrime cases, explained that the law falls under the Cybercrime Act for several reasons.
- Filming without consent: Syrian law prohibits photographing individuals in public or semi-public places if the purpose is to damage or damage their reputation, even if the place is not privately owned.
- Publication for defamatory purposes: Sharing such clips online to disparage or incite individuals is a punishable offense under the Harmful Electronic Publication Regulations.
- Criminal intent: Accompanying captions such as “Criticizing people who break their fast” indicate that the intent is defamation rather than neutral writing or criticism.
Dahiya stressed that Syrian law prohibits photographing individuals without their permission, especially if the purpose is to damage their reputation or privacy. Even if it is inside a tourist facility, posting it for the purpose of defamation is considered a crime.
He added that publishing such content online falls under the provisions punishing harmful electronic publication of the Cybercrime Act, which punishes the sharing of images or videos without a person’s consent with the aim of causing psychological or social harm.
criminal intent
While the law requires the presence of intent, Dahiya said this was clearly evidenced in this case by the caption of the video on Facebook, which read “criticizing people who break their fast during Ramadan”, proving that the act was intentional defamation and incitement, not an accidental recording.
Regarding publishing personal information or images without consent, Dahiya pointed out that previous Syrian laws, such as Legislative Decree No. 17 of 2012, include prison terms of one to six months and fines for violating privacy, even if the information is accurate.
The recent Cybercrime Law No. 20 of 2022 expanded penalties to cover various forms of harm associated with online publishing, including content intended to insult, defame, or harm others.
These provisions apply to anyone who publishes content via digital networks that violates decency or privacy or damages the reputation of others.
Penalties based on law
According to the Cybercrime Act, anyone who publishes personal information, images, or videos via the Internet without consent can be sentenced to one to six months in prison, as well as a fine depending on the severity of the harm caused.
If the content is deemed “obscene or contrary to public order and morals”, the penalties may increase as follows:
- 2-3 years imprisonment
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The fine is between 3 million and 4 million Syrian pounds, or approximately $252 to $336 at an exchange rate of 11,900 SYP to the dollar.
If the act targets a minor, especially if it causes further harm to the individuals or their families seen in the footage, the penalty could increase from five to seven years in prison, with the possibility of further fines.
What does the law say about public dining during Ramadan?
A review of Syria’s legal text found that there is no clear provision that criminalizes eating and drinking in public during Ramadan. The claim that article 208 of the Syrian Penal Code punishes fasting in public is false, as the article relates to the definition of methods of publicity in criminal acts.
In other words, Syrian law does not specifically criminalize breaking the fast during Ramadan in general, nor does it provide for specific penalties for individuals who break the fast for personal reasons.
However, according to Dahya, the following legal provisions may apply indirectly in certain cases:
- Article 462, Incitement to sectarian conflict
This article punishes acts or statements that cause conflict or tension between religious groups. The law may apply if eating in public is done in a provocative manner with the intent to offend religious sentiments. - Article 463, Insulting Religious Ceremonies
It punishes public acts that violate religious practices or disrespect religion. In some cases, intentionally eating in public in front of someone who is fasting can be construed as a violation if it involves offensive behavior.
Chewing gum led to detention
In early March, a female employee in al-Salamiah (Hama province, central Syria) was detained for chewing gum during work hours during Ramadan, which was considered to be “breaking the public fast.”
He was detained for approximately five hours and was later released after mediation efforts.
The detention is based on article 517 of the Syrian Penal Code for public order offenses, which in theory carries a prison term of between three months and two years.
Roots of the Ottoman Empire’s punishment of fasting
According to Dahiya, during the Ottoman Empire, there was no modern criminal law like that of modern states. The legal system was a combination of Islamic law, sultanic regulations, and local customs.
Before Ramadan, the Sultan issued a directive known as “Ramadan Tanbiname”, which included the following instructions to protect the sanctity of the month:
- Prohibition of eating and drinking in public places during the day
- Encourage prayer and observance of public morals
- Market and price monitoring
Penalties for not fasting in public are not specified in a single legal text and fall under discretionary penalties imposed by authorities, including:
- temporary detention
- shave your head
- Released on Eid with a general pardon by the Sultan
- Caning in some cases
- Administrative sanctions such as daytime closure of restaurants
These measures were particularly strengthened when eating in public because it is considered a violation of religious public order.
Eating or drinking in public during Ramadan is still punishable in some Arab countries, with penalties of up to one month in prison or a fine in Jordan, and possible fines or imprisonment in Kuwait, the UAE and Qatar.
