[The following report was issued by Human Rights Watch on 12 July 2012.] 

Iraq`s Information Crimes Law: Badly Written Provisions and Draconian Punishments Violate Due Process and Free Speech 

Summary

Iraq’s government is in the process of enacting what it refers to as an Information Crimes Law to regulate the use of information networks, computers, and other electronic devices and systems. The proposed law had its first reading before Iraq’s Council of Representatives on July 27, 2011; a second reading is expected as early as July 2012. As currently drafted, the proposed legislation violates international standards protecting due process, freedom of speech, and freedom of association.

The proposed law states, in article 2, that it aims “to provide legal protection for the legitimate use of computers and information networks, and punish those who commit acts that constitute encroachment on the rights of their users.” In particular, the law provides penalties for the use of computers in connection with various prohibited activities, such as financial fraud and misappropriation (article 7), money laundering (article 10), network disruptions (article 14), illicit monitoring (articles 15(1)(b) and 16), and intellectual property violations (article 21). However, the law is not narrowly targeted; rather, its vague provisions would criminalize the use of computers in connection with a wide range of broadly defined activities, many of which are presently unregulated, without reference to any specific criteria. In allowing Iraqi authorities to penalize individuals in this manner, several provisions of the law appear to conflict with international law and the Iraqi constitution, and if enacted would constitute serious curtailments of the right of Iraqis to freedom of expression and association.

For example,article 3 of the proposed law sets a term of life imprisonment and a large fine against any person who intentionally uses computer devices and an information network for the purpose of: “undermining the independence, unity, or safety of the country, or its supreme economic, political, military, or security interests,” or “participating, negotiating, promoting, contracting with, or dealing with a hostile entity in any way with the purpose of disrupting security and public order or endangering the country.” Article 6 could provide for life imprisonment and a large fine against any person who uses computer devices and an information network for the purpose of “inflaming sectarian tensions or strife; disturbing security and the public order; or defaming the country;” or “publishing or broadcasting false or misleading events for the purpose of weakening confidence in the electronic financial system, electronic commercial or financial documents, or similar things, or damaging the national economy and financial confidence in the state.” Article21 sets a minimum one-year prison term for “any person who encroaches on any religious, moral, family, or social values or principles or the sanctity of private life using an information network or computer devices in any shape or form.” Article 22 provides for a prison sentence and fine “against any person who … creates, administers, or helps to create a site on an information network that promotes or incites to licentiousness and obscenity or any programs, information, photographs, or films that infringe on probity or public morals or advocate or propagate such things.”

Given the vagueness and breadth of these provisions, as well as the severity of the punishment for the violations, authorities could use the law to punish any expression that they claim constitutes a threat to some governmental, religious, or social interest, or to deter legitimate criticisms of or peaceful challenges to governmental or religious officials or policies.

Moreover, the government is introducing the law as the use of internet and social media by journalists and civic and human rights activists has become increasingly important in Iraq, especially in the wake of the uprisings across the Arab world. Given the key role of information technology, devices, and networks in journalism and the dissemination of information and opinions, the proposed law poses a severe threat to independent media, whistleblowers, and peaceful activists.

The proposed Information Crimes Law is part of a broader pattern of restrictions on fundamental freedoms in Iraq, particularly freedom of expression, association, and assembly. In May 2011, the Council of Ministers approved a draft of the Law on Freedom of Expression of Opinion, Assembly, and Peaceful Demonstration, which contains provisions that would criminalize peaceful speech, with penalties of up to 10 years in prison.

Since February 2011, Human Rights Watch has documented often violent attacks by Iraqi security forces and gangs, apparently acting with the support of the Iraqi government, against peaceful demonstrators demanding human rights, better services, and an end to corruption. During nationwide demonstrations on February 25, 2011, for example, security forces killed at least 12 protesters across the country and injured more than 100. Iraqi security forces beat unarmed journalists and protesters that day, smashing cameras and confiscating memory cards. On June 10 in Baghdad, government-backed gangs armed with wooden planks, knives, iron pipes, and other weapons beat and stabbed peaceful protesters and sexually molested female demonstrators as security forces stood by and watched, sometimes laughing at the victims.

Given this backdrop, the draft Information Crimes Law appears to be part of a broad effort to suppress peaceful dissent by criminalizing legitimate activities involving information sharing and networking. Iraq’s Council of Representatives should insist that the government significantly revise the proposed Information Crimes Law to conform to the requirements of international law, and the council should reject its passage into law in its present form. Without substantial revision, the proposed legislation would sharply undercut both freedom of expression and association.

Reccomendations 

To Iraq’s Council of Representatives:

• Do not pass the Information Crimes Law until the Government of Iraq modifies the proposed legislation to:
  • Conform to international standards by identifying any prohibited conduct with sufficient specificity, particularly in articles 3, 6, 21, and 22, such that Iraqi citizens will know in advance what conduct is prohibited and subject to punishment;
  • Comply with international human rights law protecting freedom of expression by (1) clearly identifying any prohibited types of expression, (2) clearly identifying the legitimate threat presented by such expressions, and (3) requiring, in any individual case, that any punishment (up to the maximum provided) be proportional to the harm caused by the expression; and
  • Comply with international human rights law protecting freedom of association by (1) clearly identifying any prohibited organizations, entities, or activities, and (2) clearly identifying the legitimate threat presented by such organizations, entities, or activities, and (3) ensuring any legal restriction on freedom of association is proportional, in terms of scope, time limitation, and criminal punishment to the harm caused.

To the Government of Iraq:

• Suspend and then amend penal and civil code provisions and other legislation and regulations to remove or precisely define, in line with international standards of freedom of expression and association, any vaguely expressed restrictions, and to remove excessive penalties on journalists, activists and others, including imprisonment and excessive fines, especially for minor infractions;
• Ensure a speedy, transparent, and fair investigation and prosecution of assaults by security forces and others against journalists and activists, and direct all security forces to end the use of force to intimidate, harass, arrest, assault, or otherwise prevent Iraqis from demonstrating peacefully and journalists from doing their work; and  
• Direct government agencies to stop filing politically motivated lawsuits against journalists and their publications. 

[Click here to download the full report.]