Degraded Digital Content between Criminalization and Freedom of Expression in Iraqi Law

الملخص

The legal regulation of freedom of expression is among the crucial topics in society, as it is one of the public freedoms guaranteed by the constitution, the law, and international agreements and charters. Given the importance of this freedom, constitutions, laws, and international agreements have emphasized it, considering it one of the most important pillars of democracy practiced by individuals in society. Freedom of expression refers to an individual's ability to express their opinions, beliefs, and ideas—whether political, religious, social, or economic—which is exercised through all means of publicity. On the other hand, the failure to impose censorship and restrictions by the judiciary, media institutions, or security agencies ultimately leads to the spread of bad (degraded), offensive, and indecent content. Therefore, it is necessary to establish constitutional and legal controls for freedom of expression so that it does not violate public order. Degraded digital content, in terms of moral and cognitive value, has become a growing phenomenon that significantly contributes to destabilizing the value structure of societies, given its promotion of behaviors that contradict recognized religious, moral, and social values. However, these controls must be scientific and well-studied, and they must not contradict freedom of expression, which is guaranteed by international consensuses and national constitutions, such as the Constitution of the Republic of Iraq of 2005.