On Saturday 30.09.2023, the Consulting & Research Centre at Cihan University – Duhok held a scientific symposium at our university, entitled “Law of Preventing Misuse of Communication Devices in the Iraqi Kurdistan Region No. 6 of the year 2008”.
🎙️Hosted by the speaker:
Mr. Harry Khairy Ali, who holds a Master’s degree in International Law from the University of Hertfordshire in London, United Kingdom, and has been serving as a Judicial Assistant at the Presidency of the Dohuk Region Court of Appeal since 2006 and continues in this role.
During his presentation, Mr. Harry discussed the following key points from the law:
Article 1: Emphasizes the privacy of telephone calls, postal services, and electronic communications, safeguarding them from any infringements.
Article 2: Outlines the penalties for individuals who misuse communication devices, including cell phones, wired or wireless communication tools, the Internet, or email, by engaging in actions such as threatening, defaming, insulting, spreading false information with malicious intent, disclosing private conversations or media, or inciting criminal activities. Offenders may face imprisonment ranging from six months to five years, fines ranging from one million to five million dinars, or a combination of these penalties.
Article 3: Addresses the intentional promotion or facilitation of misuse of communication devices and prescribes penalties of imprisonment for three months to one year, fines from seven hundred and fifty thousand to three million dinars, or both, for those who disturb others through these actions, excluding cases covered by Article 2.
Article 4: Specifies that if actions under Articles 2 and 3 result in criminal offenses, the perpetrator will be considered an accomplice and subject to the penalties applicable to the committed crime.
Article 5: Considers it an aggravating circumstance if individuals covered by Articles 2 and 3 are members of the armed forces or internal security forces, exploit their official positions or access to personal or family secrets, or use someone else’s communication device to commit these offenses.
Article 6: Requires telecommunications companies in the region to register electronic mobile cards, communication devices, and mobile phones issued by them in the name of the rightful holder within six months of the law’s enactment. Failure to comply results in card cancellation. These companies must also provide necessary subscriber information to the competent court when required, with penalties of fines ranging from fifty million to one hundred million dinars for violations.
Article 7: Mandates the Council of Ministers and relevant authorities to enforce the provisions of this law.
Article 8: Declares that the law takes effect immediately upon issuance and must be published in the Official Gazette (Kurdistan Gazette).
At the end of the session, many questions and scientific interventions were raised by teachers and students at Cihan University.
