Article 403

Influencers sentenced for producing ‘inappropriate content’ as Iraq cracks down on social media

BAGHDAD – The Iraqi judiciary has sentenced multiple social media influencers to prison over the past week, citing charges related to the production of “inappropriate content,” according to a security source.

One of the most prominent figures, known as Fatima Bint Al-Diwaniya, was sentenced to five months in prison after being arrested on Sept. 3. The sentence is part of an ongoing crackdown led by the Ministry of Interior’s Harmful Content Committee, which monitors and targets individuals responsible for offensive material posted online.

In addition, influencer Aya Al-Shammari received a four-month prison sentence for similar charges, while Mustafa Al-Hajji was sentenced in absentia to one year in prison for posting inappropriate content. Another social media figure, known as Natalie, was sentenced to four months in prison on related charges.

All of these sentences fall under Article 403 of the Iraqi Penal Code, which penalizes the creation, publication, or distribution of content deemed offensive to public decency. Those convicted under the law face punishments ranging from fines to up to two years in prison.

The Ministry of Interior has also reiterated the ongoing use of its “Balagh” platform, which allows the public to report content that violates public decency or promotes harmful messages. In a statement issued on September 18, the ministry encouraged citizens to report offensive or inappropriate content through the platform, as part of broader efforts to protect societal values and maintain stability.

The crackdown began earlier this year in February 2024, when the Ministry of Interior and the Supreme Judicial Council launched a joint campaign targeting those accused of disseminating inappropriate content. This campaign has led to numerous arrest warrants and convictions, including cases involving figures such as Hassan Sachma, Um Fahad, Asal Hussam, and Saalousa.

Under Article 403, those found guilty of creating or distributing materials that “violate public morals” face legal consequences that can include imprisonment or fines, regardless of whether the offense occurs in public or private settings. The article has been criticized for its broad and vague language, leading to an arbitrary application against a wide range of content, from political dissent to comedic videos. The law carries penalties of up to two years in prison or hefty fines, depending on the severity of the offense.

Human rights organizations have expressed concern over the vagueness of these laws. In a 2023 joint statement by Amnesty International, Human Rights Watch, Pen Iraq, and others, the organizations stated: “This crackdown has a chilling effect and will stifle free speech in the country [… ] The vagueness of these terms opens the doors to rampant abuses, including the suppression of peaceful dissent.”