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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Standards and the mechanism for dealing with those abroad.. The judiciary reveals the details of com

    Rocky
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    Standards and the mechanism for dealing with those abroad.. The judiciary reveals the details of com Empty Standards and the mechanism for dealing with those abroad.. The judiciary reveals the details of com

    Post by Rocky Mon 13 Feb 2023, 9:28 am

    [size=30]Standards and the mechanism for dealing with those abroad.. The judiciary reveals the details of combating negative content
    [ltr]2023.02.13 - 16:40[/ltr]
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    Baghdad - Nas  
    Today, Monday, the judge specialized in publishing and media cases, Amer Hassan, revealed the number of those currently sentenced in cases of what is known as degrading content, and while confirming that the rulings are subject to appeal and discrimination, and indicated that politicians and instigators of sectarian strife will be held accountable according to the law, indicating that the Media and Communications Commission works - according to our knowledge. - Approving a list of broadcasting rules for social networking sites.  
      
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    The judge of the Third Karkh Investigation Court and the judge specialized in publishing and media issues, Amer Hassan, said in a statement to the official newspaper, followed by “Nass” (February 13, 2023), that “the term for naming it the low content that is circulating in the media, its legal origin is crimes against public morals or a scandalous act.” Which violates public decency," indicating that "crimes against public morals have turned into a phenomenon and have begun to affect society, the family, and the emerging generations and their behaviors, so the state should have taken action in its various institutions to reduce it."  
      
      
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    He added, "The Supreme Judicial Council initiated the formation of a joint committee in the year 2021 from several parties headed by the Judicial Council and the membership of representatives of the Media and Communications Authority, the Journalists Syndicate, the Artists Syndicate, the National Security Agency, and another group of state agencies concerned with monitoring cases of transgression that is published on Social media means and prosecuting the perpetrators in accordance with the provisions of the law,” noting that “this committee, due to the circumstances that accompanied its formation in 2021 from the spread of the Corona pandemic and the general conditions that the country was going through, stopped directing the issue for which it was formed.”  
      
    He pointed out that "in 2022 the Supreme Judicial Council - after the formation of courts for publication and media - canceled this committee, and asked the Ministry of Interior to form a committee from it exclusively to monitor cases that violate the law and include publishing content that offends public morals or includes a scandalous act and presents it to an investigation court." Al-Karkh is specialized in publishing and media issues, whose duties I undertake.  
      
    He explained that "the committee held a meeting during which a mechanism was set up on how to monitor these cases, deal with them, and present them to the court," noting that "the committee began its work and completed a number of files and a number of the accused, and judgments were issued against them, and the other part is still under investigation."  
      
    And he continued, "The Penal Code has dealt with crimes harmful to the public interest and dealt with them in Articles 399 to Article 404, as they are among the scandalous acts that violate public decency," noting that "there is a conviction that this content has turned into an industry and has departed from its spontaneous framework, as Article 403 talks about Making films, drawings, writings, signs, or anything else that violates public decency and public morals and aims to corrupt public morals, and for this we apply the text of Article 403 against the defendants whose cases are presented to this court.”  
      
    He pointed out that "there is a confusion between freedom of expression, which is protected under the constitution, and combating the phenomenon of offensive content, which has nothing to do with freedom of expression," noting that "the constitution guarantees freedom of expression of opinion, provided it does not violate public order and public morals," explaining that "offensive content It began to affect the Iraqi family and reflect a bad image of Iraqi society, its morals and customs, as freedom of expression is one thing and social expression is another, and this is confusion and an attempt to justify what is happening from these people who have offended Iraqi society.”  
      
    He added, "We encourage the step of apology and deletion of offensive content, and we call on all bloggers, and what is termed as 'celebrities', to carry out a campaign to review their content, and try to delete content offensive to morals and content that violates public decency."  
      
    And he stressed that “the lawsuits do not drop, because the crime occurred, and we as a court in the event that we are presented with lawsuits against these people, whether it is by a complainant affected by this matter or by an informant, we will deal with these lawsuits,” noting that “if the court finds a step that indicates the existence of a good The intention of these people may be taken into account by the court during investigative procedures or when issuing judgments.  
      
    And he added, "The offensive content that includes the topic of crimes against morals, and includes acts that violate public decency, and may also include the topic of crimes that call for hatred, incite violence, or call for racial or sectarian discrimination. All of these are criminalized according to provisions in the Penal Code," pointing out at the time He himself pointed out that it "differs from the texts that deal with public morals, and the texts mentioned in the section on crimes affecting the internal security of the state regarding those who spread rumors and those who work on racist matters. All of these actions are criminal acts, and as soon as the complaints are brought before the court, the court will proceed to take action." .  
      
    He stressed that "the court deals with the cases that are presented to it by the committee formed in the Ministry of the Interior," noting that "this committee relies in presenting the cases or cases to the court on the communications on the platform launched by the Ministry of the Interior, which is the platform (Balag) and on the monitoring that is carried out." Through the Directorate of Relations and Information of the Ministry of Interior, and anyone can submit a report to the court or submit a report on a platform belonging to the Ministry of Interior about any of these cases, and the court will deal with any invitation presented to it from these cases.  
      
    The judge noted that "there is no legal impediment to taking measures against the owners of the lower content who will be abroad as long as the content targets the Iraqi people and society," explaining that "Article 53 of the Code of Criminal Procedure, which determined the spatial jurisdiction in determining, and in which the crime takes place All, some, or part of it, or a complementary act or consequence, as the procedures will proceed in accordance with the law, and judgments will be issued against them.  
      
    And the judge indicated that "the court took measures against 14 accused of degrading content, 6 of whom were sentenced to prison terms, while 8 cases are still under investigation procedures," denying "the existence of ready lists against the owners of degrading content, but there are cases against which measures are taken based on the monitoring that you are doing." The committee formed in the Ministry of the Interior and based on the reports received through the (Balg) platform.  
      
    He explained that "everyone is subject to the law and there is no person with influence above the law," noting that "the committee started with cases that are unanimously rejected," noting that "any case that is reported by citizens or monitored by the Ministry of Interior, the court will deal with it." without any distinction or discrimination.  
      
    He emphasized, "We started with the cases that there is consensus on rejecting them, as there are cases where we as a judge, so the judge's job is to interpret the legal text and replace it with the reality presented to him by the text, as there are several requirements to be applied," noting that "the text specified for us that the scandalous act that is committed by the accused It is the one that leads to a violation of public modesty, but the legislator expanded a lot on the subject of moral crimes, even the expressions used by the legislator, for example, as he used the phrase “outrages public modesty,” and “scratching” is simple touching, and he used the phrase “public modesty,” without specifying whether the breach would be gross or simple.  
      
    He added, "Any case of violation, even if it is simple, in which the crime is achieved. All the lawsuits that we have worked with, and in which the procedures have been taken, and the expressions in which they are contained do not originally need experience. I mean, anyone can know that these phrases, actions, or signs violate public morals, because Every society has values, and the values ​​of Iraqi society are well-known, and these actions and words committed by these accused do not raise any ambiguity as to their being acts against public decency, because they contain shameful words, insulting words, and words that harm society in its morals and harm society in its values ​​in which it believes. He explained that “cases that are not so clear, i.e. that may confuse freedom of expression with content that violates morals, here the court will resort to electing specialized experts who will determine whether this act is contrary to public morals or contrary to public morals or not, and it may seek the assistance of Also in the Media and Communications Authority.  
      
    As for the issue of varying rulings, they are issued based on the circumstances of each claim, and the court does not have a fixed model or standard that it imposes on everyone who is referred to it in accordance with the provisions of this article, because the punishment when imposed by the court aims through it to achieve goals, including achieving special deterrence for the accused referred to it, Achieving general deterrence for other persons who may be inclined to commit the same act, and aims to reform the accused, and the court takes into account the circumstances of the accused in terms of his gender, his age and his past, if he has precedents or does not have all these circumstances and considerations that are included in the assessment of the penalty ; Therefore, the punishment is different, and it is not possible for the punishment to be the same for all the accused, because the circumstances of the accused are different from each other.  
      
    The judge confirmed that the number of those imprisoned in cases of degrading content is "6 people against whom preliminary rulings were issued," noting that "the convict under our Iraqi law is not allowed to make a pledge, and then he is released, for these people have been sentenced and have become convicted."  
      
    He added, "The rulings against them are not conclusive, not final, and subject to appeal. They are discriminated before the Court of Appeal in their cassational capacity, and the Court of Appeal assesses this penalty, according to the circumstances of the call and the accused. If it deems it appropriate, it believes it, and if it deems it inappropriate, then it can reduce the sentence and it can request a renewal of the sentence."  
      
    The judge said that "the content provided by some politicians, if it is related to the subject of provoking sectarian or racial strife, then they fall under the penalty of legal accountability," stressing that "no one is above the law, and everyone is subject to the law," noting that "if complaints are raised against them, the court will go to take action against them.”  
      
    Al-Qadi stressed the need for restrictions on the content of publishing, "and this is required frankly, and we spoke about it on more than one occasion, and we felt good with the brothers in the Media and Communications Authority," noting that "the authority informed us of their work on approving a list of broadcasting rules and what is related to the Internet and social media because the Media and Communications Authority It has previously approved a regulation for media broadcasting rules with regard to satellite channels, and it is currently working diligently, as far as we know, on approving a regulation for broadcasting rules with regard to the Internet and social media. Behaviors that are outside the morals and customs of society and that violate public decency.  
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