A basic legal framework on intermediary liability for copyright infringement is absent in Libya's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Libya's law and jurisprudence.

It is reported that Libya’s SIM card registration policy obliges mobile network operators to collect and retain users’ personal information together with proof of identity. To obtain and register a SIM card from either of the two principal mobile service providers, Libyana and Al-Madar, foreign nationals are required to present a copy of their passport.

It is reported that in October 2023, the Libyan Arab Armed Forces abruptly severed internet access in Benghazi, Libya's second-largest city, under the pretext of a military operation against a "destructive cell," effectively isolating the city from the rest of the world for over a week. A similar situation occurred in mid-September in the city of Derna following protests triggered by the collapse of dams that resulted in numerous casualties. The Libyan Arab Armed Forces imposed a four-day internet and communication shutdown in response. Additionally, recurrent internet and communications disruptions were reported in Sirte due to demonstrations during 2024.
In addition, the indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Libya for the year 2025. This corresponds to "The government shut down domestic access to the Internet several times this year."

Libya does not mandate functional separation for operators with significant market power (SMP) in the telecom market. Information about accounting separation is not found.

Libya has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Libya is not a Member of the WTO.

Libya has a telecommunications authority: the General Authority for Communication and Informatics. However, it is reported the decision-making process of this entity is not independent from the government. In fact, its chairman has been appointed by a resolution from the prime minister. Furthermore, Art. 19 of Resolution No. 49-2022 stipulates that the internal organisation of the Authority shall be issued by a decision of the Chairman in coordination with the Ministry of Civil Service.

Art. 9.5 of the Regulations on Electronic Payment Services stipulates that electronic payment service providers are required to ensure that all processing and payment operations take place entirely within the territory of Libya. In addition, Art. 10.1 provides that, as part of the terms and conditions applicable to electronic payment by cards denominated in Libyan dinar, the technological infrastructure used for the operation of the electronic transaction processing centre, whether owned by the provider or outsourced to a data centre, must be physically located within Libya.

According to Art. 78 of Law No. 6-2022 on Electronic Transactions, the transfer of personal data to a foreign country is only allowed if the appropriate level of data protection is considered, particularly the nature and source of the personal data and the purpose and duration of the transfer. Also, the applicable international obligations and laws and national data protection procedures of the country to which the data is transferred must be considered.

Libya has not joined any agreement with binding commitments to open transfers of data across borders.

Libya does not have a comprehensive regime in place for all personal data, but it has some sectoral regulations. Chapter 7 of Law No. 6-2022 on electronic transactions stipulates some general provisions for the protection of private data (Arts. 73-79).

According to Art. 4 of Law No. 8-1959, other than Libyans and public corporations, only foreigners who fit the following conditions may apply for a patent in Libya: natural persons who reside in Libya or have industrial or commercial companies in Libya or who are citizens of a country that treats Libya reciprocally, or who reside in these countries or have a real physical residence there, as well as entities who are established in Libya or countries with reciprocal treatment. Art. 49 stipulates that applicants who have filed to obtain a patent in one of the countries that treat Libya reciprocally and wish to apply for the patent in Libya need a local representative.

Libya is a party to the Patent Cooperation Treaty (PCT).

Libya has a copyright regime under the Law No. 9 of 1968, issuing the Copyright Protection Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 14-17 list the exceptions, which include copying articles in newspapers and periodicals, statements or speeches on television and radio, short quotations in school books, among others.

Libya has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.