Publishing Private Photos and Chats
A photo taken at a family occasion that then appears on a public page, a screenshot of a private chat forwarded to a group, an audio clip from a call posted to embarrass the speaker. These touch what the law calls the secrets of private life. The office of Ali Barakat in al-Yarmouk, Baghdad, explains the provisions that protect that space.
Publishing private life
Article 438(1) of Penal Code No. 111 of 1969 punishes, with detention of up to a year, a fine or both, anyone who publishes by a means of publicity news, pictures or comments relating to the private or family life of individuals. Two features stand out. First, truth is no defence: the question is not whether the photo is genuine but whether publishing it was harmful. Second, what counts is the harm publication is capable of causing, not only the publisher's intention.
Revealing messages and calls
Article 438(2) punishes anyone who sees a letter, telegram or phone call and reveals it to someone other than the addressee where that is capable of harming someone. A screenshot of a private chat sent by one party to others in order to harm may fall here, as may recording and posting a call. The persons named in article 328, public servants and staff of postal, telegraph and telephone departments, are excluded because that article punishes them more heavily.
Publicity
Posting a photo on a public page, channel or open group falls within the means of publicity listed in article 19, including writing and pictures that are distributed or displayed and means of advertising and publication. Sending it to a single person may fall under article 438(2) if it is a chat or message, or under the threat provisions if the sending comes with a demand.
Professional secrets
Article 437 punishes, with detention of up to two years or a fine, anyone who learns a secret through his job, trade, art or the nature of his work and discloses it outside the permitted cases or uses it for his own or another's benefit. It reaches a phone repair technician who copies the photos from a device left with him, and an employee who sees someone's data at work and publishes it. There is no penalty with the person's consent or where the disclosure aims to report or prevent an offence.
When publication follows extortion
Publication is often preceded by a threat to publish unless money or something else is handed over. Article 438 then combines with article 430 or 452. See Online threats and extortion. Where the victim is a minor or the images are indecent, the heavier provisions are in Online offences against children.
The complaint
Article 438 is among the disclosure-of-secrets offences for which article 3 of Criminal Procedure Code No. 23 of 1971 requires the victim's complaint, and article 6 bars a complaint more than three months after the victim learned of it. The period runs from the day the person saw the post or was told of it, and evidence of that day, such as a friend's message with the link, should be kept.
Removal and stopping the spread
A criminal case does not remove a post by itself. The investigating judge is usually asked to act on the content and the device holding it, alongside the platform's own reporting system. Reposting the photo or replying publicly in a way that spreads it further is unwise, and links and screenshots should be saved before any report that may lead to removal.
Compensation
Article 205 of Civil Code No. 40 of 1951 allows compensation for non-material harm from attacks on honour and reputation, and it can be claimed before the criminal court with the complaint under article 10 of the Criminal Procedure Code.
Legal basis and sources
- Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 19, 430, 437 and 438
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 3, 6 and 10
- Civil Code No. 40 of 1951 (Official Gazette No. 3015 of 8/9/1951) — Article 205
Frequently asked questions
Is someone who posts a genuine photo of me without consent liable?
Yes, if it concerns your private or family life and publishing it was harmful; article 438 applies even where the photo is genuine.
Is forwarding a screenshot of my chat to others an offence?
It can be under article 438(2) where the chat is revealed to someone other than its addressee and that causes harm.
What is the complaint deadline?
Three months from the day you learned of the publication, under article 6 of the Criminal Procedure Code.
Related topics and articles
- 01Online Threats and ExtortionHow the Iraqi Penal Code handles threats and extortion by phone and social media: articles 430, 431, 432 and 452, the complaint and its deadline, preserving evidence, and reconciliation.
- 02Hacked Account or Phone ComplaintWhat to do in Iraq when an account or phone is hacked: the provisions that apply to what the intruder does, complaining to the investigating judge, jurisdiction, production orders and technical expertise.
- 03Online Offences against ChildrenOnline offences against under-eighteens under Iraqi law: inciting immorality, indecent images, extortion, bans on publishing names and photos, and who complains on a minor's behalf.
- 04Online Defamation and InsultDefamation, insult and smearing on Facebook, TikTok and WhatsApp under articles 433 to 436 of the Iraqi Penal Code: the difference, publicity, proving truth, the three-month complaint and compensation.
- 05Electronic FraudOnline fraud under Iraqi law: article 456 of the Penal Code, fake sellers, verification codes, mule accounts, territorial jurisdiction and recovering money.