Morocco to criminalise 'promoting irregular migration' to minors amid 'TikTok-fuelled' exodus

Morocco's lawmakers are set to discuss a new legislation that could criminalise encouraging children to migrate illegally, as the country grapples with a surge in perilous journeys towards Europe.

The draft law, submitted by the centrist Popular Movement party, would amend Morocco's immigration legislation to introduce prison sentences of five to ten years and fines of up to 500,000 dirhams ($50,000) for anyone found guilty of luring minors into unauthorised migration.

It would also criminalise the glorification or promotion of illegal migration, including the sharing of misleading information or indirect encouragement, punishable by up to three years in prison and fines of 100,000 dirhams ($10,000).

Lawmakers are expected to discuss the proposal in the coming days.

The bill comes as Moroccan lawmakers prepare for the peak summer migration season, following a sharp uptick in attempts by minors–and adults–to reach Europe last year. 

Last August, TikTok videos began circulating with tips and tricks for crossing the Strait of Gibraltar, including the perilous six-kilometre swim to the Spanish enclave of Ceuta.

Within weeks, hundreds of young people from cities across the kingdom made their way north, camping behind hills and along roadsides to evade security patrols.

Border police clashed with would-be migrants, some of whom hurled stones as they attempted to scale the barrier into Ceuta. 

In September, unaccompanied minors again made several coordinated attempts to storm the Ceuta border fence, apparently responding to anonymous social media calls. 

Between 11 and 16 September 2024 alone, authorities reported detaining 4,455 people—including 141 minors.

According to official data released in January, Moroccan children make up 40 percent of all unaccompanied minors in Catalonia, 1,908 youths in total.

Under current international law, Spain cannot simply send minor migrants back to Morocco without adhering to specific legal procedures and protections, particularly when dealing with unaccompanied minors.

Spain, as a member of the European Union, is bound by the EU's laws on the treatment of migrants, including the protection of unaccompanied minors. 

In 2024, Spain's supreme court ruled that the government's decision to deport hundreds of Moroccan youths, after a 2021 mass border crossing into the enclave of Ceuta, was illegal.

Social media has reshaped the landscape of irregular migration. Rather than relying solely on smugglers, many young Moroccans are now mapping their own paths to Europe, documenting their journeys and sharing detailed instructions online.

Some have even become influencers. One woman, known as "cha_imae17" on TikTok, gained over 200,000 followers after successfully reaching Spain and posting videos advising others on how to cross.

"This wave shows the tragedy of youth so desperate they'd rather face death than remain in Morocco," she wrote last year after being criticised for romanticising migration.

If passed, the new law could see figures like this 'influencer' prosecuted for such content.

However, rights advocates warn that criminalisation may exacerbate the problem rather than solve it. 

For the Moroccan League for Citizenship and Human Rights, the bill reflects "a punitive mindset" rather than an attempt to address "systemic failures."

"We need structural responses: investment in education, jobs, and public media that restores young people's trust in their country", said Idriss El-Sedraoui, the head of the local rights group.

A 2023 report by the High Commission for Planning found that one in four Moroccans aged 15 to 24—around 1.5 million young people—is neither in school nor employed.

"These children are not criminals. They are the victims of a broken system," added the Moroccan activist.