Censorship in Iraq

Censorship in Iraq has changed under different regimes, most recently due to the 2003 invasion of Iraq.

Since 2003

The Penal Code & Censorship

The penal code of Iraq does have some provisions that do address the issue of censorship. In 2003, the Iraqi penal code was reverted back to its 1988 edition with some revisions drafted by Paul Bremer and later the Iraqi national government. Several provisions in the current penal code address the limitations placed on the freedom of the press and communicative media, namely;

Paragraph 215 – Any person who produces, imports, exports or obtains a picture, written material or sign with intent to trade, distribute, display or exhibit such material, which, by its nature, endangers the public security or brings the country into disrepute unless he was acting in good faith is punishable by detention plus a fine not exceeding 300 dinars or by one of those penalties.

Paragraph 220 – If five or more people are assembled in a public place, thereby endangering the public security and the public authorities order them to disperse, any person who is given that order and refuses to comply with it is punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties.

Paragraph 403 – Any person who produces, imports, publishes, possesses, obtains or translates a book, printed or other written material, drawing, picture, film, symbol or other thing that violates the public integrity or decency with intent to exploit or distribute such material is punishable by a period of detention not exceeding 2 years plus a fine not exceeding 200 dinars or by one of those penalties. The same penalty applies to any person who advertises such material or displays it in public or sells, hires or offers it for sale or hire even though it is not in public or to any person who distributes or submits it for distribution by any means. If the offense is committed with intent to deprave, it is considered to be an aggravating circumstances.

Paragraph 404 – Any person who himself or through some mechanical means sings or broadcasts in a public place obscene or indecent songs or statements is punishable by a period of detention not exceeding 1 year or by a fine not exceeding 100 dinars.

Paragraph 434 – Insult is the imputation to another of something dishonourable or disrespectful or the hurting of his feelings even though it does not include an imputation to him of a particular matter. Any person who insults another is punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties. If such insult Is published in a newspaper or publication or medium it is considered an aggravating circumstance.

Paragraph 438 – The following persons are punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties: (1) Any person who publishes in any way a picture, remark or information in respect of the private or family life of another, even though such information is true and such publication causes him offense. (2) Any person other than those mentioned in Paragraph 328 who is privy to information contained in a letter, telex or telephone conversation and he discloses such information to a person other than for whom it is intended and such disclosure causes harm to another.

The Constitution & Censorship

In 2005, a new Constitution was ratified by Iraqi voters, which have implications for Constitutional rights and censorship in Iraq. Among the civil liberties guaranteed in the Constitution include;

Section 1. Article 7 - No entity or program, under any name, may adopt racism, terrorism, the calling of others infidels, ethnic cleansing, or incite, facilitate, glorify, promote, or justify thereto, especially the Saddamist Baath in Iraq and its symbols, regardless of the name that it adopts. This may not be part of the political pluralism in Iraq. This will be organized by law.

Section 2. Article 36 - The state guarantees in a way that does not violate public order and morality: a. Freedom of expression, through all means. b. Freedom of press, printing, advertisement, media and publication. c. Freedom of assembly and peaceful demonstration. This shall be regulated by law.

Section 2. Article 38. - The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision.

Section 2. Article 40 - Each individual has freedom of thought, conscience and belief.

Censorship in Iraq: 1979 - 2003

Saddam Huessian ruled Iraq as a single-party dictatorship from 1979 - 2003, with the Ba'athist Party being the only lawful party in Iraq. In addition to the current penal code prohibitions (i.e. against immorality, indecency, libel and slander), it was illegal to criticize or otherwise express a political opinion different from, the Iraqi government, its leadership and the ruling Iraqi Ba'athist Party.

See also

• Human rights in post-invasion Iraq
• Human rights in Saddam Hussein's Iraq
• Human rights in pre-Saddam Iraq

External links

• Iraq: A Tale of Censorship, a 2007 film about a U.S. soldiers accouint of widespread censorship of the media in Iraq