Law Office ofAli Barakat
Online and Social Media Offences

Online Offences against Children

In briefThe Iraqi Penal Code protects under-eighteens through provisions including article 399 on inciting immorality, article 403 on making and distributing indecent material, and article 236 barring publication of names or photos of sexual offence victims and juvenile accused. A minor's complaint is made by his legal representative, and the court appoints one where interests conflict.

Children and teenagers are the group most exposed to strangers luring them on games and social media, asking them for pictures and then extorting them. Many parents do not know what to do when they find out. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out the provisions that protect minors in these situations.

Incitement and grooming

Article 399 of Penal Code No. 111 of 1969 punishes with detention anyone who incites a male or female under eighteen to immorality or to make vice a trade, or facilitates it. The penalty rises to imprisonment of up to ten years where the offender is a relative up to the third degree, someone responsible for the child's upbringing or supervision, someone with authority over the child, or acts for profit. Messages from an adult pushing a minor toward such conduct may fall under this article even if they never meet.

Requesting immoral acts

Article 402 punishes requesting immoral acts from another person, male or female, with a higher penalty for a repeat of the same kind within a year of the earlier judgment. Asking a child for private pictures through messaging apps is one form of this, and heavier provisions may follow depending on what comes next.

Indecent images and videos

Article 403 punishes, with detention of up to two years or a fine, anyone who makes, holds or transports for exploitation or distribution indecent pictures, films or similar material, and anyone who advertises, displays or distributes them by any means. Acting with intent to corrupt morals is an aggravating circumstance. Where the material involves a minor, that weighs in the court's assessment of gravity, and merely holding such material for distribution is punishable even if it is never published.

Extortion

Where an offender obtains pictures from a child and then threatens to publish them or send them to the family unless more are sent or money is paid, article 430 applies to the threat coupled with a demand and article 452 to forcing payment. See Online threats and extortion. Parents are better advised not to blame the child or confiscate the phone in a way that loses evidence, but to keep the phone as it is and hand it over.

Publication bans

Article 236(5) punishes publicly publishing names or pictures of victims of rape and sexual assault, and names or pictures of juvenile accused. Parents who post their child's story with a photo seeking sympathy, or pages that share it, may fall under this. See Reporter liability and publication during investigation.

Who complains

Article 1 of Criminal Procedure Code No. 23 of 1971 has the complaint made by the person harmed or whoever represents him legally, which for a minor is the guardian. Article 5 requires the investigating judge or court to appoint a representative for the victim where his interest conflicts with that of his representative or he has none, which matters when the offender is a family member. Article 48 requires any public servant who learns of an offence through his work, such as a teacher or doctor, to report it at once where proceedings do not need a complaint.

Protecting the child during investigation

Article 70 lets the investigating judge order a physical examination of the victim and requires a female to be examined by a female. Parents can ask for the child's statement to be taken in the guardian's presence and in a manner suited to the child's age, and ask that he not be questioned on the same details more often than the investigation needs.

Legal basis and sources

  1. Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 236, 399, 402, 403, 430 and 452
  2. Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 1, 5, 48 and 70

Frequently asked questions

Who complains for a child who was extorted?

The guardian, as the child's legal representative; the court appoints a representative where interests conflict, under articles 1 and 5 of the Criminal Procedure Code.

May I post the child victim's photo to seek help?

Article 236 punishes publishing names or pictures of sexual offence victims and juvenile accused.

Which provision protects a minor from incitement by message?

Article 399 of the Penal Code, with a heavier penalty where the offender is a relative or has authority over the child.

Always check the text in force and its amendments in the official source.

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