False reports and publishing about a case under investigation in Iraq

In briefSomeone who reports truthfully or in good faith commits no offence under article 246 of the Penal Code, while someone who knowingly reports a false offence or fabricates evidence against an innocent person is punished under article 243. Articles 235 and 236 punish publishing material that could influence judges or witnesses in a pending case, or what happened in defamation, insult and disclosure investigations.

Someone attacked online usually wants two things: to complain and to reply publicly. Each has limits. A false complaint is an offence, and publishing about a case under investigation may be another. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out those limits.

Good-faith reporters are protected

Article 246 of Penal Code No. 111 of 1969 removes liability from anyone who informs the judicial or administrative authorities, truthfully or without bad intent, of something that calls for punishment. Someone who complained on the basis of messages and evidence he saw is not punished merely because the case ended in release. Article 436 removes defamation or insult liability for what a party says in defending his rights before courts and investigating bodies within what the defence requires.

False reporting

Article 243 punishes anyone who falsely tells a judicial or administrative authority of an offence he knows did not happen, who in bad faith reports that a person committed an offence knowing the report is false, who fabricates physical evidence of an offence, or who causes proceedings against someone he knows to be innocent. The penalty is the maximum for the offence the reported person was accused of, if the falsehood is proved, with imprisonment capped at ten years. A fabricated screenshot submitted in an extortion complaint can turn the case against the complainant. Evidence should therefore be submitted as it is, without cropping or editing, leaving its assessment to the expert.

False reports of incidents

Article 244 punishes telling an authority or public servant of a disaster, incident or danger one knows to be untrue. Article 245 punishes telling a public servant things one knows to be false in order to make him act or refrain.

Publication that influences a case

Article 235 punishes publicly publishing material capable of influencing judges, investigators, experts or witnesses in a pending case or investigation, or of stopping someone from giving information. The penalty rises where influence was intended or the material was false. A campaign of posts demanding a named person's conviction, or attacking a witness in a live case, may fall here.

What may not be published

Article 236 punishes publishing news of a trial the law made secret or the court barred from publication, or of a current investigation where the investigating authority banned disclosure; news of investigations in parentage, marriage, divorce and separation cases; court deliberations; names or pictures of rape and sexual assault victims and juvenile accused; and what happened in investigations into defamation, insult or disclosure of secrets. Publishing the judgment with the competent court's permission is excepted, and that permission is sought from the court that issued it.

What this means for a smear victim

Someone smeared on Facebook who then files a defamation complaint is often tempted to post investigation details to clear his name. Yet article 236(6) bars publishing what happens in defamation and insult investigations themselves. Waiting for the judgment and then asking permission to publish it is safer. See Online defamation and insult.

Journalists and content creators

The provisions draw no line between a journalist, a content creator and an ordinary user; what counts is publication by a means of publicity listed in article 19. Someone who shares a post about a pending case bears responsibility for what he shared as if he wrote it. Using a pseudonymous account changes nothing, since the investigation looks for the actual holder. In cases involving children the ban is wider; see Online offences against children.

Legal basis and sources

Frequently asked questions

Will I be punished if my complaint is not proved?

No, if you reported truthfully or without bad intent, under article 246. Punishment is for someone who knowingly reports falsely, under article 243.

May I publish details of the defamation case I filed?

Article 236(6) bars publishing what happens in defamation and insult investigations; the judgment may be published with the court's permission.

Is someone who reposts about a pending case liable?

Yes. What counts is public publication, and whoever shares bears responsibility for what he shared.

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

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Reporter Liability and Publication during Investigation