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.