مدى تناسب مشروع قانون جرائم المعلوماتية العراقي مع الحقوق والحريات الدستورية في ظل الدستور العراقي

الملخص EN

The Iraqi draft law on information crimes raised several problems due to its controversial legislative formulation, the type and nature of the criminal penalties contained in it, and the emergence of many crimes that electronic technology is a means to carry out, such as spreading destructive or takfiri sectarian ideas, piracy, financial theft, forgery, threatening, insulting and cursing, and harassment of children., and other acts harmful to individuals and society.

the idea of the research comes to study and analyze the reasons that call for local and international organizations, gatherings, and unions to reject this draft law and prevented it from being passed.

this legislation will restrict the exercise of constitutional freedoms and prevent the enjoyment of basic rights by depriving the use of social media, after the development of the media and the diversity of means of communication, and the spread of social media pages, led to news, information, and opinion in a solution from the grip of the authority, and the government agencies became under the lights that can reveal many of the violations that occur in it so that it is no longer possible to conceal the mistakes of any individual, device or institution on the one hand.

the research was divided into two demands, the first in which we deal with the constitutional organization of rights and freedoms related to the subject of this law within the constitution of the republic of Iraq issued in 2005, and the second included an analytical study of the draft law according to constitutional rights and freedoms, and one of the most important conclusions of the research is the lack of consideration for the specialization of law and the absence of legal and accurate definition for information crimes and information misdemeanors, and that the provisions of the law are inconsistent with the current Iraqi constitution, and if they are applied, they will constitute a serious curtailment of the right and freedoms of Iraqis.