Controversial law threatens freedom of expression in Iraq

For years, Iran has had a fat finger in neighbouring Iraq's politics. As more and more Iraqis oppose this, Iran is trying to push a controversial law through the Iraqi parliament with the help of allies in Baghdad. If passed, the law would turn Iraq into an open-air prison, writes Bahman Azarmidkht.

Iraq has been in near-constant crisis since the fall of Saddam Hussein's regime in 2003. Successive Iraqi regimes failed to improve the country's political, economic and security situation. In part, this is due to the intense interference of neighbouring Iran, which uses Iraq as a pawn in a geopolitical chess game.
For instance, Iran has been frustrating attempts at rapprochement between Saudi Arabia and Iraq for years. In 2016, it was revealed that Iranian-controlled militias advanced plans had to assassinate the Saudi ambassador to Iraq. Recently, despite protests from Iran, a key border crossing between Iraq and Saudi Arabia was reopened after three decades, after which Iran-backed armed groups threatened Iraqi companies that wanted to do business with the Saudis.

Shia crescent

Iranian interference in Iraq is part of a strategy known as the ‘Shiite crescent’; through Shiite populations, Iran aims to expand its sphere of influence in all Middle Eastern countries with a Shiite minority or majority. It does this, among other things, by providing financial support to Shiite organisations, through political influence and by deploying armed combat groups such as the al-Hashd al-Shaabi militia in Iran and Hezbollah operating from Lebanon.
However, after the failure of successive Iraqi governments since the fall of Saddam Hussein, the Iraqi people have had enough of Iranian interference. This led to fierce protests, which were equally fiercely suppressed. Not only Iraqi police and army units were deployed, but also the al-Hashd al-Shaabi militia. Several journalists and civilian activists were abducted or murdered.

Information crimes

As Iraqi citizens continue to demonstrate despite this repression, Iran fears it is losing its grip on the neighbouring country. In an ultimate attempt to curtail freedom of expression in Iraq, Iran is now trying behind the scenes, through its influence on Iraqi Shiite political parties, to push a law through the Iraqi parliament that would end any freedom of expression. If Tehran succeeds, Iraq will become one big prison for activists, journalists, writers and bloggers.
On 23 November, a first draft of this “Law on Information Technology Crimes” was introduced in the Iraqi parliament. The law aims to “legally protect the legitimate use of the computer and information network, punish the perpetrators of acts that violate the rights of their users, both natural and moral, and prevent abuse in the commission of computer crimes.”

Life

The legal text is vaguely worded, which critics say may soon make anyone criticising the Iraqi government in violation of the law. For example, Article 3 of the draft law provides for up to life imprisonment and a high fine for anyone who violates online “the independence, unity, security, economic, political, military or security interests” of Iraq, or has contact with a “hostile party”. Another article stipulates the same length of imprisonment and an equally high fine for using a computer or information network to “incite sectarian strife, disrupt security and public order or damage the country's reputation.”
The idea for this law is not new. Back in 2011, during the reign of Prime Minister Nouri al-Maliki, a bill on “information crime” introduced by Iran first appeared in the Iraqi parliament. At the time, however, this bill was shelved under international pressure. It was taken out of that in 2019 when, on the intercession of Iranian ambassador to Baghdad, Iraj Masjedi, it was reintroduced for a vote in the Iraqi parliament in a modified form. Again, protests followed at home and abroad, after which the proposal disappeared from the agenda for the second time.

In violation of the constitution

But Iran and its allies in Iraq are not giving up. So now, for the third time, a bill is on the table that makes freedom of expression, press freedom and political opposition in Iraq practically impossible. The bill not only violates international norms but also Article 38 of the Iraqi constitution, which guarantees freedom of expression. The Iranian regime, with the help of the majority of Iraqi Shiite parties in the Iraqi parliament, is persisting in its efforts to silence the Iraqi people. After any amendments are incorporated into a second (final) version, the law will soon be put to a vote.
Activists have already announced that they will continue to oppose the Baghdad government's administrative corruption and Iranian interference in Iraqi affairs regardless.

Image: Iraqi protester during anti-government protests in Baghdad, January 2020. Photographer: Kari0t (via Wikimedia Commons)