Press and Social Media Indictment Crime (4)

Indictment possesses improvement and visual property which is made through journalism means accusing and slandering someone or a party and trusted by people.
PM:01:30:05/01/2021


Karzan Mohamad PhD
Journalist & University Lecturer

Indictment possesses improvement and visual property which is made through journalism means accusing and slandering someone or a party and trusted by people.

The Iraqi penal code has defined indictment accurately, till keeps the journalist safe under the name of critique and evaluation from that crime. The journalist will be forgiven when h indicates evidence and works for the public interest. Any subject under the name of criticizing or notification has the following points; it falls in with charge and defamation:

1-If charging someone or a party without evidence, the manner legally and legitimately will be prohibited, for instance, a red-tape case of a person or a political party.

2-The accusation has been broadcasted on the media channels.

3-Neither has document nor evidence to improve the content of the subject.

4-The defendant has a legal complaint.

The journalists and the media organizations have such a right to criticize the responsibilities and parties in Kurdistan Region via monitoring the legislation power, government, judicial power and private sector, they can get awareness and information rights to the community via a media pressure to reduce corruption and routine. This process requires accuracy and loyalty.

According to article (433), law no. (111) of the Iraqi penal codes, any topic has to follow these three points otherwise it accepts crime as a trustworthy topic, having persuasive evidence and document and having the public interest, not endangering the social and military securities like talking about the cons of the ammunition dump, this would be lacked public interest and accounts as a crime.

So, any journalist topic belongs to these points it will accept in the frame of crime, for example, the moral principle as spreading the accusation, material principles like carelessly or deliberately showing the indictment and the legal principle as having a legal material or section to judge the charge as a crime.

Law no. (35), (2007) of journalism in Kurdistan Region concentrates on avoiding such crime in section (5) article (9) which it says (slander and defamation are forbidden).

The penalty of the indictment is heavier than other crimes due to these factors:

First, such falsehood spreads among people hastily because a plot can be felt behind such a case like accusing a responsibility of bribing or stealing.

Second, the moral and material impacts on the personality of that person even it remains after his/her death.

To make it brief, the main goal of media is showing the facts, raising awareness and protecting society from the nasty phenomenon of crimes, it is the responsibility of the journalists and the media institutions in Kurdistan to preserve the dignity of the population, formal and informal foundations, focusing on the real sources when they criticize to build a civil society for the sake of all and law sovereignty.

If any innocent person defamed, after (90) days of spreading the accusation, he/she can complain to reveal the realities, the culprit must be punished and compensate the victims morally and materially.


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