Hamza Abbas and the Growing Legal Threat to Social Media Creators in Iraq
Hamza Abbas, a 24-year-old social media influencer from Mosul, faced legal consequences for posting a video in May 2019 where he criticized the “Mosuli” and “Baghdadi” dialects. Despite deleting the video after a few minutes at his father’s request, a follower saved it and shared it on Facebook, urging authorities to take action. Abbas later posted an apology, but four years later, in April 2023, the video resurfaced, leading to his arrest by national security forces, along with his father. Despite explaining the video’s age and his prior apology, Abbas was detained for two days and released on conditional pledges.
This case is part of a larger trend where hundreds of social media influencers, many of whom are women, have been arrested under accusations of spreading “indecent content.” These arrests have extended to those creating satirical or socially critical content, as well as journalists and poets. In February 2023, the Iraqi Supreme Judicial Council launched a campaign to combat “indecent content” on social media, in collaboration with the Ministry of Interior, which set up a platform for citizens to report violations.
The campaign, while claiming to encourage positive content and protect public morality, has raised concerns about the suppression of free speech, particularly for those critical of government corruption. Many influencers have been forced to shut down their accounts or flee the country, especially to the Kurdistan region.
The legal basis for these arrests typically involves Article 403 of the Iraqi Penal Code, which penalizes the production or distribution of content deemed immoral. Judge Amer Hassan clarified that “indecent content” refers to material that violates public decency, and the state is taking steps to curb it. However, critics argue that the campaign is being misused to target political and social critics, with women being disproportionately arrested for their bold content.
A lawyer practicing in the Risafa Appeals Court criticized the targeting of content creators, especially women, and the portrayal of them as criminals. He pointed out that this campaign undermines the constitutional rights of individuals and questioned the Ministry of Interior’s involvement in such matters. Despite efforts to obtain statistics on arrests, the Ministry of Interior did not provide any, but judicial rulings reveal that many content creators have been sentenced for publishing content deemed offensive.
This crackdown highlights the growing risks social media creators in Iraq face, balancing free expression with the potential for legal persecution. The debate over freedom of speech versus state control continues to be a contentious issue in the country.
