Journalistic Criminalization: “The Dialectic between Legal Text and Practical Application in the Press Law of the Kurdistan Region of Iraq”
DOI:
https://doi.org/10.35246/kx3d8179Keywords:
Journalistic Crime, Freedom of Expression, Legislative Lacunae, Criminal Liability, Public InterestAbstract
This research examines the legislative shortcomings of the Kurdistan Region Journalism Law No. 35 of 2007, highlighting the gap between traditional legal texts and the challenges of contemporary digital media. The core problem lies in the lack of precise legal classification for journalistic genres (news, opinion, and visual media), leading to inconsistencies in determining criminal liability and legal characterization of offenses. Using a critical analytical approach, the study explores the philosophy of criminalization and the balance between freedom of expression and legal accountability. It concludes that professional ethical codes must serve as the fundamental basis for reforming legislation to align with technological advancements and safeguard the public interest.
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First: Books in Arabic First: Books in Arabic:
I. Abdul Rahman. Media and Criminal Law. No edition, University Press, Baghdad, 2018.
II. Abu Al-Wafa, Mohammed Abu Al-Wafa Ibrahim. The Role of Mass Media in the Commission of Criminal Behavior. No edition, New University Office, Alexandria, 2016.
III. Adel, Musaddaq. Lectures on Media and Publication Laws. No edition, Al-Sanhouri Library, Beirut, 2017.
IV. Al-Khalaf, Ali Hussein & Al-Shawi, Sultan Abdul Qadir. General Principles of Criminal Law. No edition, Legal Library, Baghdad, 2006.
V. Al-Qaisi, Widad Abdul Rahman. Political Crime in Comparative Laws. No edition, Baghdad Printing Press, Law and Judiciary Library, 2003.
VI. Al-Rami, Abdul Wahab. Comprehensive Guide to Journalism Ethics. No edition, Al-Jazeera Media Institute, 2023.
VII. Al-Shawarbi, Abdel Hamid. Expressive Crimes: Press and Publication Crimes. No edition, Mansha’at Al-Ma’arif, Alexandria, 2004.
VIII. Al-Zoubi, Khaled. Media Criminal Law in Arab Countries. No edition, Halabi Legal Publications, Beirut, 2019.
IX. Al-Zubaidi, Hisham Jalil Ibrahim. Legal Restrictions on Freedom of Expression in the Media. No edition, National Center for Legal Publications, Cairo, 2020.
X. Awad, Ramzi Riyad. Restrictions on Freedom of Expression in the Penal Code and Complementary Laws. No edition, Dar Al-Nahda Al-Arabia, Cairo, 2011.
XI. Ghazi, Abdul Rahman. The Theory of Moral Duty in Media Practice. No edition, Mediterranean Publishing House, Tunisia, 2016.
XII. Hassan, Raed. Electronic Publishing Crimes. No edition, Dar Al-Thaqafa, Amman, 2020.
XIII. Khokha, Ashraf Fahmi. Media Legislation between Censorship and Freedom of Expression. No edition, Al-Wafa Legal Library, Alexandria, 2013.
XIV. Kour, Tarek. Press Crimes Supported by Judicial Jurisprudence and Media Law. No edition, Dar Al-Huda, Algeria, 2008.
XV. Masharqa, Saleh; Barghouthi, Widad; et al. Media Ethics. No edition, Media Development Center, Palestine, 2017.
XVI. Matar, Issam Abdel-Fattah Abdel-Samie. The Terrorist Crime. No edition, New University House, Alexandria, 2008.
XVII. Mohammed, Jamil Khalil. The Role of Mass Media in Spreading Rumors. No edition, Dar Al-Mu‘taz, Amman, 2014.
XVIII. Omar, Saman Fawzi. In-Depth Studies in Media Law, Vol. 1. No edition, Sardam Publishing House, Sulaymaniyah, 2011.
XIX. Omar, Saman Fawzi. In-Depth Studies in Media Law, Vol. 2. No edition, Karo Printing Press, 2025.
XX. Radi, Mazen Lilo. General Study of the Foundations of Administrative Law in Iraq. No edition, Hawar Printing Press, Duhok, 2008.
XXI. Ramadan, Raafat Jawhari. Media Work and Criminal Dangerousness. No edition, Dar Al-Nahda Al-Arabia, Cairo, 2012.
XXII. Surour, Ahmed Fathi. Constitutional Criminal Law. No edition, Dar Al-Shorouk, Cairo, 2004.
Second: Master’s Theses and Doctoral Dissertations:
XXIII. Abu Bakr Saleh. Political Crime in Islamic Jurisprudence and Positive Laws. PhD Dissertation, Faculty of Islamic Sciences, University of Algiers, Algeria, 2015.
XXIV. Zaidi, Sheikh & Bahiysa, Mustafa Fathi. Crimes Related to Journalistic Work. Master’s Thesis, Faculty of Law and Political Science, University of Ghardaia, Algeria, 2023.
Third: Scientific Articles:
XXV. Abdel Majid, Lakhdari. “Media Crime.” Al-Haqiqa Journal, Ahmed Draia University, Algeria, 2017.
XXVI. Al-Bayati, Hassan Mohammed Jassim Hassan. (2025). “Human Rights and Their Constitutional Protection.” Iraqi University Journal, Issue 73.
XXVII. Al-Dargazli, Abbas Hikmat Farman. “Political Crime in the New World Order.” Journal of Legal and Political Sciences, University of Diyala, 2016.
XXVIII. Aliwi, Maryam Qais. “Artificial Intelligence: Development, Applications, and Challenges.” Al-Jazeera Center for Studies Journal, Qatar, 2023.
XXIX. Shahab, Hussam Hamid & Shukr, Ishraq Mahmoud. “Legislative Confrontation of Political Crime under the Iraqi Penal Code.” Al-Bayan Journal for Legal Studies and Research, College of Law, Al-Bayan University, Baghdad, 2025.
Fourth: Laws:
XXX. Coalition Provisional Authority Order No. 14 of 2003 (Prohibited Media Activity).
XXXI. European Union Artificial Intelligence Act issued on 13 March 2024.
XXXII. Iraqi Constitution of 1964 (Repealed).
XXXIII. Iraqi Journalists’ Rights Law No. 21 of 2011.
XXXIV. Iraqi Penal Code No. 111 of 1969.
XXXV. Iraqi Publications Law No. 206 of 1968.
XXXVI. Kurdistan Region Press Law No. 35 of 2007.
XXXVII. Law No. 27 of 2012 (Iraq’s Accession to the Arab Charter on Human Rights).
XXXVIII. Third Amendment Law No. 130 of 1975 to the Iraqi Penal Code No. 111 of 1969.
Fifth: Judicial Decisions:
XXXIX. Federal Supreme Court of Iraq, Decision No. 23 of 2020 (Concerning Public Order Restrictions on Freedom of Opinion and Expression).
Sixth: International Instruments and Declarations:
XL. Arab Charter on Human Rights, 2004.
XLI. Bordeaux Charter (Declaration of Principles on the Conduct of Journalists) adopted by the International Federation of Journalists, 1954 (amended 2019).
XLII. British Codes of Conduct, 1938.
XLIII. Convention on the Rights of Persons with Disabilities.
XLIV. Convention on the Rights of the Child, 1990.
XLV. Council of Europe Resolution on the Ethics of Journalism, 1993.
XLVI. European Convention on Human Rights.
XLVII. French Declaration of the Rights of Man and of the Citizen.
XLVIII. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
XLIX. Munich Declaration of the Duties and Rights of Journalists, Germany, 1971.
L. United Nations General Assembly / Human Rights Council Resolutions – Session 25 on Freedom of Opinion and Expression.
LI. Ethical Charter of the American Society of Journalists, 1926.
Seventh: Sources in English:
LII. Mill, J. S. (2008). On Liberty (Original work published 1859). Oxford University Press.
LIII. Richards, D. (2015). “Vagueness in Criminal Law and Its Impact on Freedom of Expression.” Journal of Media Law, 7(2), 210–235.
LIV. Schauer, F. (1982). Free Speech: A Philosophical Enquiry. Cambridge University Press.
LV. United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). New York: United Nations.
Eighth: Websites and Digital Articles:
LVI. Abada, Naheda. Definition of Artificial Intelligence. Available at:
LVII. Al-Halahlah, Ayman Khaled Fadel. Artificial Intelligence and Crime: Legal Frameworks for Criminal Responsibility in the Digital Age. Available at:
https://doi.org/10.63585/XARO2943
LVIII. Al-Kilabi, Mustafa Rashid Abdul Hamza. The Legal Nature of Press Crime, p.175. Available at:
LIX. Artificial Intelligence and Media: Opportunities and Challenges in the Era of Digital Transformation. Available at:
www.uorparabct.com
LX. Future Crime Supported by Artificial Intelligence. Available at:
LXI. Modern Oxford Dictionary (English–English–Arabic). Available at:
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