Shafaq News
An outsider to Iraq might assume that free expression is
thriving — vibrant street debates, active news outlets, and a digital space
crowded with opinions. Yet beneath this activity exists a more fragile reality,
where legal complaints, social pressure, and political influence steadily
restrict what Iraqis can safely express.
Article 38 of Iraq’s constitution guarantees freedom of
expression, the press, and peaceful assembly, with officials often highlighting
expanded rights and liberties since 2003. Still, many Iraqis struggle to
reconcile these commitments with everyday experience.
On International Human Rights Day, observed on December 10,
assessments by the Iraqi Observatory for Human Rights and the Strategic Center
for Human Rights highlight how older legal provisions such as Articles 433,
434, 225, and 226 continue to limit public commentary.
Complaints involving activists, journalists, and ordinary
social media users have increased sharply, while cultural and social norms
subject dissenting voices to harassment, stigma, or threats.
International indicators confirm this reality. The 2025
World Press Freedom Index by Reporters Without Borders places Iraq at 155th out
of 180 countries, a modest rise from 169th in 2024 and 172nd in 2023 but still
far below global standards. Another metric tracking freedom of expression shows
Iraq at 0.476 points in 2024 after 0.412 in 2023, compared with a worldwide
average of 0.615.
Fight to Speak
For human rights defender Sara Jasim, the gap between
constitutional protections and lived experience remains unmistakable. In
comments to Shafaq News, she portrayed freedom of expression as “a daily
battle, not a legal text.”
“People technically have the right to speak,” she observed,
“but political, security, and social pressures turn expression into a risk.”
Pointing to vague accusations and broad political decisions
that can convert an opinion into a legal file or summons, Jasim further
remarked that stigma, accusations of disloyalty, tribal influence, and digital
harassment compel many Iraqis toward restraint.
“Freedom is steadily compressed between a state uneasy with
criticism and a society that struggles with difference,” she added.
Building on this view, lawyer and activist Aliya Al-Hithal
depicted free expression in Iraq as a right “restricted before it is voiced.”
For Al-Hithal, this produces “a complex equation,” where
individuals attempt to express their beliefs without risking social damage or
triggering legal or political consequences. “The real issue,” she emphasized,
“is not only what people say, but what they feel forced to keep quiet.”
A recent human rights assessment documented cases in which
authorities detained individuals for online posts categorized as “offensive”
and invoked broad defamation laws to penalize criticism of political or religious
figures.
Read more: Iraq’s vague Protest Law: A tool for control or aframework for rights?
Pressure Tactics Evolve
Journalist Ali Al-Hayyani noted a distinct shift in the
methods used to restrict expression. Years once marked by disappearances and
targeted attacks have gradually given way to a more structured system: legal
complaints, judicial summonses, and administrative pressure.
In comments to Shafaq News, Al-Hayyani pointed out that
expectations for expanded freedoms after 2003 now face renewed strain,
underscoring that while many Iraqis anticipated open debate and broader civic
participation, political and social dynamics have steadily narrowed the space
available for public criticism.
Data from the Press Freedom Advocacy Association in Iraq
corroborated this pattern, documenting hundreds of cases of journalists facing
harassment, obstruction, or legal action while covering politically sensitive
or corruption-related issues.
Reinforcing this view, Zainab Rabee, who heads the
Al-Nakheel Center for Press Freedoms, asserted that the environment for
expression is tightening. She also recounted that Iraqis briefly experienced a
more open climate after 2003, though recent years have seen a rise in lawsuits
targeting journalists and bloggers, reversing much of that openness.
According to Rabee, the “right to litigation” is
increasingly leveraged not to pursue justice but to deter criticism — a trend
that, in her view, signals an unhealthy atmosphere for civil and media
freedoms.
Lingering Vulnerabilities
Sarhad Al-Badri, media director at the Iraqi High Commission
for Human Rights, offered a more measured assessment. He acknowledged that Iraq
has recorded genuine progress since 2003, with added momentum following the
2019 protest movement, which prompted authorities to take steps intended to
support expression.
Even with these gains, Al-Badri underscored that
opinion-makers and human rights defenders remain disproportionately exposed to
legal complaints and summonses, particularly when they document corruption.
Meanwhile, human rights activist Inas Al-Suheil highlighted
a different dimension: gender. She described “multi-layered erosion” affecting
free expression, shaped by outdated laws, inconsistent enforcement, security
concerns involving armed groups, and long-standing impunity.
“Social norms add another layer of pressure, especially for
women,” she explained, noting that conservative expectations, honor-based
customs, and rigid gender roles intensify restrictions, even compelling women
to hide their identities or avoid sensitive subjects altogether.
Al-Suheil believed the situation demands a long-term support
system that combines legal assistance, digital safety, psychological support,
and systematic documentation — tools that could protect those most at risk.
Despite constitutional guarantees and periodic reform
efforts, Iraq’s landscape for free expression remains fragile. Observers warn
that without stronger protections and more consistent application of the law,
the distance between written freedoms and lived reality will persist — leaving
many Iraqis considering the risks before deciding whether to speak at all.
Read more: The Fine Print of Freedom: Iraq to amend Freedomof Expression and Peaceful Assembly Law
Written and edited by Shafaq News staff.
