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Author: Dr. Ahmed Noah Taha
Abstract: The media derive their legitimacy from being within the sense of people. Media professionals have to be an important tool in building the society, a measure of the civilization and progress of various nations, and a true reflection of the activity of all walks of life.
This interaction of the media with the community, may create a problematic significance ranging from the right and permissibility and criminalization, the right to expression is protected by all constitutions, including the Iraqi Constitution in force for the year 2005 in Article (38) provided that “the State guarantees and without prejudice to public order and ethics:
First: Freedom of expression by all means.
Second: Freedom of the press, printing, advertising, media, and publishing.
Third: Freedom of assembly and peaceful demonstration and organized by law. ”
As well as draft Constitution of the Kurdistan Region in Article 19 of which stipulates that “Everyone has the right to freedom of expression and shall ensure the freedom of the press and other means of opinion and information. of the rights of others, insulting their religious sanctities, incitement to violence, Among the components of the Iraqi Kurdistan people. ”
This freedom of expression guaranteed by the Constitution, including the right of criticism is not absolute. The legislator restricts this freedom not to defame or infringe upon the rights of others. Therefore, the journalist or any other person may not be exposed to the private life of the citizens, nor shall he deal with the conduct of the public office or person the general capacity of the public or public service provider, unless the handling is relevant to their work and the public interest, and this is included in the permissibility.
The distinction between the right of criticism and the crimes of slander, slander, defamation, and permissibility is a difficulty for workers in the fields of journalism and the media, even those who deal with the judicial work. Others take advantage of this, but every word directed at the other is critical, or insulting crime. We have taken in the plan to accomplish this research to divide it into two sections in the first topic dealing with the study of constitutional and legal guarantees of the right of expression and criticism and then discussed the crime of defamation and its elements in addition to the search for permeability and conditions. In the second topic, we discussed the media crime in general and then address the media crime according to the press law. 24 of 2008 for the Kurdistan Region of Iraq as a model.
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doi:10.23918/ilic2018.21
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue