Legal and Constitutional Guarantees for Freedom of Expression in Iraq in the Age of Digital Media

Authors

  • Abdullah Mohammed Mohsen Badai Legal Department / Ministry of Higher Education and Scientific Research

DOI:

https://doi.org/10.35246/cbjjje41

Keywords:

Legal Guarantees, Constitutional Guarantees, Freedom of Expression, Digital Media Era, Iraq

Abstract

Freedom of expression is one of the most important freedoms, and many other freedoms are linked to it. Therefore, it has been enshrined in various international human rights treaties, in addition to being stipulated in all constitutions at the international and national levels. Therefore, this research sheds light on the legal and constitutional guarantees for freedom of expression in Iraq in the age of digital media. In our research, we relied on the use of the analytical-descriptive approach, and through our research, we concluded that the Iraqi constitution recognizes freedom of expression as a guaranteed right. However, the activation of this right in practical reality still faces legal and executive challenges. The absence of a comprehensive digital media law that is compatible with the changes occurring in the structure of the media and social media has led to contradictions in implementation and legal gaps. We therefore recommend the need to work toward issuing a modern national law on freedom of expression and digital media that respects human rights, aligns with international standards, and includes clear guarantees for freedom of expression online.

Downloads

Download data is not yet available.

References

I. Al-Bashir, Saad Ali. (2010). Freedom of Opinion and Expression: Guarantees and Responsibilities. Al-Bahith Al-I‘lami (Media Researcher Journal), Issue 8.

II. Al-Bayati, Haifa. (2012). The Legal Regulation of Press Freedom in the Constitution of the Republic of Iraq. Unpublished Master’s Thesis, University of Baghdad, Baghdad.

III. Al-Bayoumi, Reda Ibrahim Abdullah. (2023). Legal Controls on Digital Media Freedom: A Comparative Analytical Study in Light of Egyptian and French Judicial Rulings. Egyptian Journal of Media Research, Issue 84, Part 2.

IV. Hussein, Wijdan Risan. (2023). The Legal Regulation for the Protection of Freedom of Expression: Iraq as a Model. Journal of the College of Law for Legal and Political Sciences, Vol. 12, Issue 47.

V. Khadr. (2004). Introduction to Public Freedoms and Human Rights. Modern Book Foundation Publications, Tripoli.

VI. Rabti, Zahia. (2023). Freedom of Expression in the Digital Age from the Perspective of International Law: Between Consolidation and Restriction. Afaq Journal for Sciences, Vol. 8, Issue 2.

VII. Mirdamad, Sayed Ali & Al-Jubouri, Zaman Hadi Abboud. (2024). Guarantees of Freedom of Expression in Light of the Provisions of Iraqi Law. Iraqi University Journal, Vol. 70, Issue 3.

VIII. Al-Shammari, Fatima Abbas. (2020). Constitutional Review of Legislation and Its Impact on the Protection of Human Rights: A Comparative Study between Iraq and the United States. Journal of Legal Studies, Vol. 12, Issue 2.

IX. Talib, Karrar Barraq. (2025). The Role of the Federal Supreme Court in Iraq in Protecting Human Rights: A Comparative Study with the U.S. Supreme Court. Maysan Journal of Legal Studies, Vol. 1, Issue 13.

X. Al-Tahir, Gharib. (2016). Constitutional Protection of Freedom of Expression in Algeria. Unpublished Master’s Thesis, Faculty of Law and Political Science, Kasdi Merbah University, Ouargla.

XI. Talha. (2018). Freedom of Expression and Criminal Law. Unpublished PhD Dissertation, Djillali Liabes University, Sidi Bel Abbes.

XII. Abdelhaq, Mersilia. (2019). Restrictions on the Right to Freedom of Expression within the Framework of International Human Rights Law. Journal of Legal and Political Sciences, Vol. 5, Issue 2.

XIII. Abdelrahman, Nashadi. (2018). Media Legislation and Its Relationship with Other Laws in the Iraqi Media Network Law and the Algerian Media Law. Journal of the College of Education for Educational and Human Sciences, University of Babylon, Issue 38.

XIV. Othman, Mohammed Fouad Mohammed Abdel-Majeed. (2025). Freedom of Expression in the Digital Age: An Analytical Study of Hate Speech, Privacy, and Legal Responsibility before the European Court of Human Rights. Journal of Jurisprudential and Legal Research, Issue 49.

XV. Al-Salhi, Mohammed Abdulrahman Ismail. (2023). International and Constitutional Legal Controls on the Exercise of the Right to Freedom of Opinion and Expression. Journal of Jurisprudential and Legal Research, Issue 40.

XVI. Hatem, Mohammed Abdulrahim. (2021). Guarantees of Freedom of Opinion and Expression in the Iraqi Constitutional System between Text and Practice. Al-Ma’had Journal, Issue 5.

XVII. Al-Maidani, Mohammed Amin & Mohammed Taqi Mohammed Hilala Amin. (2021). The Legal Framework for the Protection of Freedom of Opinion and Expression (Iraq as a Model). Journal of Political and Security Studies, Vol. 4, Issue 7.

XVIII. Al-Hilali, Hala Al-Sayyed. (2018). Freedom of Opinion and Expression between International Conventions and National Legislations. Dirassat Journal, Vol. 19, Issue 2.

XIX. International Federation of Journalists (IFJ). (2020). Regional Working Group on Digital Media: The Legislative and Regulatory Framework for the Digital Media Sector in the Arab World and the Middle East. Available at: https://www.ifj-arabic.org/fileadmin/

XX. Dzay, Parez. (2022). Freedom of Expression on the Internet in Iraq. Ouraq. Available at: https://ouriraq.org/ar/article

XXI. Al-Nuaman, Saeed. (2024). Media: Current Reality and Future Ambitions. Article available at: https://iraqi-forum2014.com/committees-ar/lega

XXII. Tabina, Sabah. (2025). Freedom of Expression in Iraq: Between Constitutional Text and Realistic Challenges. Kitabat. Article published online at: https://kitabat.com/%D8%AD

Downloads

Published

2026-06-25

How to Cite

Badai, Abdullah. 2026. “Legal and Constitutional Guarantees for Freedom of Expression in Iraq in the Age of Digital Media”. Journal of Legal Sciences 41 (1): 564-90. https://doi.org/10.35246/cbjjje41.

Similar Articles

1-10 of 417

You may also start an advanced similarity search for this article.