Marrakech – Human Rights Watch (HRW) has called on Moroccan authorities to overturn the 30-month prison sentence imposed on activist Ibtissame Lachgar for wearing a t-shirt deemed offensive to Islam, describing the verdict as “a huge blow to free speech in Morocco.”
Lachgar, a clinical psychologist and co-founder of the Alternative Movement for Individual Liberties (MALI), was arrested on August 10, after posting a photo of herself on social media wearing a shirt with the words “Allah is lesbian.”
The Rabat First Instance Court convicted the activist of “causing harm to Islam” under Morocco’s penal code on September 3, sentencing her to prison and a fine of MAD 50,000 Moroccan ($5,000).
“The authorities should abolish this draconian legislation instead of using it as a tool to violate free speech rights,” said Hanan Salah, associate Middle East and North Africa director at Human Rights Watch.
Lachgar’s defense team has announced plans to appeal the decision, while she remains in detention despite requests for medical release due to a condition requiring ongoing treatment.
Also known as “Betty,” Lachgar has been a prominent voice challenging legal and social restrictions on private life and conscience in Morocco. Trained in psychology, she has long campaigned for individual freedoms, including women’s rights, sexual and reproductive rights, and LGBTQ rights.
The case has intensified debate about freedom of expression in Morocco, where prosecutors can employ various laws to punish nonviolent speech.
Under article 267.5 of the country’s penal code, “causing harm” to Islam is punishable by six months to two years in prison and fines of MAD 20,000 to 200,000 ($2,000 to 20,000). These penalties increase when the offense occurs through media channels.
The New York-based non-profit organization also cites Article 70 of the press code, which stipulates fines and court-ordered suspension for publications and electronic media found responsible for “causing harm” to Islam.
A history of defiance through public protest
Lachgar helped launch MALI in 2009, quickly drawing national attention with actions aimed at testing Morocco’s boundaries on personal freedoms.
The movement gained recognition that year with an attempted “Ramadan picnic” protesting Penal Code Article 222, which criminalizes publicly breaking the fast.
She later organized a 2013 “kiss-in” outside Parliament supporting teenagers prosecuted for posting a kissing photo on Facebook, and has backed access to abortion, including supporting the docking of a Dutch “abortion boat” initiative off Morocco.
Supporters argue Lachgar is influenced by the extremist feminist current FEMEN, a Ukrainian-born movement known for topless protests; in 2015, FEMEN activists staged a topless kiss outside Rabat’s Hassan Mosque, writing “IN GAY WE TRUST,” prompting public outrage; police detained the pair and Moroccan authorities swiftly deported them soon after.
HRW recalls that this is not Morocco’s first such case. In 2022, a Moroccan court sentenced blogger Fatima Karim to two years in prison for allegedly insulting Islam through Facebook posts.
Arrest as shield, or silencing dissenting voices?
Some defend such prosecutions by noting that blasphemy-style offenses aren’t unique to Morocco, with a number of countries across Europe, Africa, and Asia still penalizing acts deemed to “insult” religion or wound religious sentiment.
From this public-order perspective, the state’s role is to prevent provocations that could inflame communal tensions, with restrictions on certain expressions seen as protecting social peace in contexts where religion is a core part of collective identity.
In Morocco’s specific framework, Islam is widely described as one of the country’s sacrosanct “constants,” alongside the monarchy and territorial integrity. The Constitution enshrines Islam as the state religion, and the penal code contains provisions against insulting it or undermining sacred symbols.
Some voices argue that detention may be the “safer” option in the immediate term. “In a majority-Muslim society, highly provocative acts can expose an individual to harassment or even vigilante violence,” according to one perspective.
By this logic, arrest both enforces the law and shields the person from potential harm while tempers cool, averting escalation and deterring copycat confrontations.
Critics dispute this reasoning on rights grounds, but those who support the action frame it as a difficult trade-off between free expression and the state’s obligation to guard public order, religious sentiment, and the individual’s physical safety.
‘Lachgar’s notions of freedom far exceed existing fantasies’
Moroccan-Swiss NZZ columnist Kacem El Ghazzali noted in a previous analysis that Lachgar belongs to a privileged class of activists who typically avoid arrest despite being critical.
He described her as “a visionary who brings ideas from a possible future into the present,” adding that even in Europe, her views are considered “hyperprogressive.”
El Ghazzali pointed out that Lachgar has alienated potential supporters in the West: feminists due to her gender-critical positions, and conservatives despite her Islam-critical statements, because of her stance on abortion and criticism of all religions.
Liberal secularists in Morocco, he added, may sympathize, but cannot publicly support her since “Lachgar’s notions of freedom far exceed existing fantasies.”
HRW, however, has urged Morocco’s parliament to revise both penal and press codes by eliminating nonviolent speech offenses that conflict with international obligations.
The organization noted that the International Covenant for Civil and Political Rights, which Morocco ratified in 1979, requires that “everyone shall have the right to freedom of expression.”
“Decriminalizing peaceful speech, including laws on blasphemy and insult to religion, should be a top priority for Morocco’s legislature,” Salah concluded.
