Iraq's proposed cybercrime law would 'curb freedom of expression and press'

Iraqi journalists and activists have warned that a proposed information technology crimes bill would severely restrict freedom of expression and press freedom in the country, with Iraq's parliament expected to debate the issue again in the near future.

In late November, the parliament conducted the first reading of the bill but after pressure from local and international rights groups, the assembly shelved it. 

Yassir Askandar, an Iraqi lawmaker and member of the security and defence parliamentary committee, told Iraq's National News Agency (NINA) on Wednesday that the parliament will conduct a second reading of the bill in the current legislation season.

This would mean it is only one step away from becoming law.

He also described the draft law as a "key legislation for reinforcing the social ties within Iraqi society". 

The authors of the bill say the law is necessary to protect online privacy and punish those who commit cybercrimes. Journalists have warned that some articles in the law could entail heavy prison sentences and fines for anyone found guilty of criticising the Iraqi ruling elite.

مشروع قانون جرائم المعلوماتية يحتاج عدة خطوات ليكون نافعا، فعلينا تشريع قانون حق الحصول على المعلومة، وإحالة العقوبات بمشروع المعلوماتية إلى القوانين المشابهة، والتركيز على منع الابتزاز وغلق المواقع الوهمية، ومنع الجيوش الإلكترونية؛ لذلك القانون بشكله الحالي مرفوض ويقيّد الحريات.

— Srwa Abdulwahid. سروه عبدالواحد (@srwa_qadir) November 21, 2022

Asaad Ali, head of foreign relations at the Metro Centre, an independent organisation in the Iraqi Kurdistan region dedicated to defending press freedoms, told The New Arab that the bill is "a coup against democracy and freedom of expression in Iraq". 

He noted that the draft law has been presented by the security institutions in Iraq since 2011, the year of the Arab Spring, but was shelved after Iraqi rights groups campaigned against it.

"Currently there are no justifications for passing such a bill, which is the same previous draft law and all the amendments by the Iraqi civil society organisations have been omitted," he said.

"The real purpose behind the bill is an attempt by the Iraqi ruling elites to curb the constitutional freedom rights of patriotic journalists and people who are very critical of the ruling elites."   

According to a copy of the bill, anyone found guilty of threatening the country's "independence, unity, safety and its economic, political, military and security interests, disturbing the general peace and security, and defaming Iraq's reputation", could be punished with a life sentence and a fine of no less than 25 million Iraqi dinars (about $17,000).

Srwa Abdulwahid, head of the New Generation opposition faction in the Iraqi Council of Representatives, said in December that Iraq's proposed cybercrime law would need changes in order to be fair and effective.

"Thus we should pass the draft law for the right of obtaining information, and transferee penalties in the cybercrime draft law to similar laws, focusing on preventing blackmail, closing ghost websites, and forbidding electronic armies, thus a current version of the draft law is rejected and restricts liberties," he proposed on Twitter.

"As it stood, the law would have allowed Iraqi authorities to prosecute anyone for any social media or online post that they didn't like by arbitrarily deeming the content a threat to governmental, social, or religious interests."