Censorship in Iraq has changed under different regimes, most recently due to the 2003 invasion of Iraq.
Censorship in Iraq has changed under different regimes, most recently due to the 2003 invasion of Iraq.
The penal code of Iraq does have some provisions that do address the issue of censorship. In 2003, the Iraqi penal code was reverted 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.b
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.
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. [1]
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. [1]
Section 2. Article 38 - The State shall guarantee in a way that does not violate public order and morality: First. Freedom of expression using all means. Second. Freedom of press, printing, advertisement, media and publication. Third. Freedom of assembly and peaceful demonstration, and this shall be regulated by law. [1]
Section 2. Article 40 - 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. [1]
Only 17.6% of Iraq's population had access to the Internet at the end of 2013.
The ONI found no evidence of filtering from Iraq in August 2009 in all 4 areas for those which the government tests political filtering, social filtering, conflict/security, and monitoring of Internet tools.
Iraq's constitution provides for the rights of freedom of speech and press, and the government respects these rights in practice. There are no overt government restrictions that the government monitor Internet chat rooms or e-mail.
Those freedoms are provided so that it doesn't violate public order and morality or express support for the banned Baath Party or for altering the country's borders by violent means.
Saddam Hussein ruled Iraq as a single-party dictatorship from 1979 - 2003, with the Ba'athist Party being the only lawful party in Iraq. During this era, political criticism or dissent of the Iraqi government was illegal. Similar restrictions against political expression were found in the Iraqi Constitution.
While elections were sometimes held in Iraq during this time period, they essentially "mock" elections with Saddam Hussein as the sole candidate. No legitimate free and fair elections were held in Iraq.
The Iraqi National government was (in accordance with Article 37 of the Constitution of 1990) limited to the membership of the Revolutionary Command Council. Among other powers, this council had (Article 36) the right to prohibit anything that they felt harmed "national unity", the "objectives of the People" or their "achievements".
In the late 1950s - late 1970s, several different political factions fought for control of the Iraqi government. Initially, a series of military leaders ruled Iraq from 1958 - 1968. After, which the Iraqi Baathist Party seized control and was led by a series of party leaders until Saddam Hussein came to power in 1979. None of these different governments showed much support for the freedom of speech, press, personal expression and other forms of communications because of Saddam’s strict rule.
The Constitution governing the Kingdom of Iraq (1932 - 1958) pledged to respect several civil liberties, specifically;
Article 12 - "Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations" ... in accordance with whatever laws were enacted by the national government.
Article 13 - "Islam is the official religion of the State. Freedom to practise the rites; of the different sects of that religion, as observed in Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality."
Article 15 - "Art. 15. All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law."
In Iraq, Lesbian, gay, bisexual, transgender (LGBT) persons are subject to widespread discrimination. Openly gay men are not permitted to serve in the military and same sex marriage or civil unions are illegal. LGBT persons do not have any legal protections against discrimination and are frequently victims of vigilante justice and honor killings.
The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.These rights are known as "fundamental" as they are most essential for all-round developement i.e., material,intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution.
Censorship in Bhutan refers to the way in which the Government of Bhutan controls information within its borders. There are no laws that either guarantee citizens' right to information or explicitly structure a censorship scheme. However, censorship in Bhutan is still conducted by restrictions on the ownership of media outlets, licensing of journalists, and the blocking of websites.
The Federal Republic of Germany guarantees freedom of speech, expression, and opinion to its citizens as per Article 5 of the constitution. Despite this, censorship of various materials has taken place since the Allied occupation after World War II and continues to take place in Germany in various forms due to a limiting provision in Article 5, Paragraph 2 of the constitution. In 2014 the Reporters Without Borders Press Freedom Index ranked Germany as 14th in the world in terms of press freedom. During the Allied occupation of Germany, the media was controlled by the occupying forces. The policy rationales differed among the occupying powers, but there was resentment in literary and journalistic circles in many parts of the country. Undesired publishing efforts were unilaterally blocked by the occupying forces.
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association. Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.
The Fourth Amendment to the Constitution of Pakistan is an amendment that became part of the Constitution of Pakistan on November 21, 1975, under the Government of Prime minister Zulfikar Ali Bhutto. The IV Amendment decreed the seats for minorities and non-Muslims representation to the government of Pakistan and the Parliament of Pakistan, to protect the minority rights in the country. The IV Amendment also deprived courts of the power to grant bail to any accused or innocent [person] until proven guilty under any preventive detention. The IV Amendment protect the rights of Minorities in the country, and also protect the rights of accused [person] until proven guilty from the police brutality during the subsequent investigations.
The Constitution of Nigeria is the supreme law of the Federal Republic of Nigeria.
The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of its six freedoms.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of government censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
The People's Democratic Republic of Algeria prohibits blasphemy against Islam by using legislation rather than by using Sharia. The penalty for blasphemy may be years of imprisonment as well as a fine. Every Algerian child has an opportunity to learn what blasphemy is because Islam is a compulsory subject in public schools, which are regulated jointly by the Ministry of Education and the Ministry of Religious Affairs.
Anti-discrimination laws in Brazil are present in the Constitution of Brazil, in the labour law, in the child and adolescent law, in the ageing law, and in the penal code.
Article 14 of the Constitution of the Republic of Singapore, specifically Article 14(1), guarantees to Singapore citizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution.
Following British occupation of Iraq, very strict sodomy laws were put in place. These laws allowed discrimination, harassment, and murders of members within the Iraqi LGBT community. Once Iraqi independence was achieved, these laws still remained. In recent years, leaders within Iraq have spoken out about reducing sodomy laws within the country. Regardless of the reduced laws, discrimination, harassment, and murders of LGBT community members still persist.
The Constitution of Qatar(Arabic: دستور قطر Dastūr Qatar) is the supreme law of the State of Qatar. It came into effect on 9 April 2004. The constitution was overwhelmingly approved, with almost 98% in favour.
The freedom of expression in Brazil, is protected by section IV and XII of Article 5 of the Constitution of Brazil. Freedom of expression is not absolute.
Censorship in Armenia is generally non-existent, except in some limited incidents.
Article 13 of the Constitution of the Republic of Singapore, guarantees a prohibition against banishment and the right to freedom of movement.
Capital punishment for non-violent offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".
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