The Crime of Assaulting People Using Social Media in Iraqi Law and its Judicial Applications

Author:
Miaad Subhi Talib
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Davod Basarati

The crime of assaulting people through social media is one of the most prominent and most dangerous security challenges facing all societies of the world in the field of uses of information and communication technology on the scale of public and private sector institutions and individuals, and crimes against people are crimes directed against people and private life through computer and information technology systems. And communications, the rates of social media crimes have been rising since the 1990s, and crimes and their losses have doubled after the number of Internet users reached 40% of the world’s population, and the attacks were estimated and the number of victims reached 556 million .The aim of the research is to know the most important forms of this crime and the electronic means to assist it, which prompted criminals to achieve their goals, and to know what the laws and conventions reached to deter this crime. The approach that I used in writing the research is the analytical approach to texts related to the subject of the study in Iraqi criminal legislation, with reference to the opinions of jurists and scholars in this regard, in order for us to devise solutions to all the problems and questions indicated by the subject of the study, and we discussed the questions in an easy and simplified manner and used The tabulation and approach that is closest to understanding the people of law and their author, and then she suggested what was in agreement with the evidence with its generalities and specifics. And we reached many results, perhaps the most important of which are that the Iraqi legislation, jurisprudence and judiciary lack a clear concept statement for the term electronic publishing, and that the Iraqi legislator did not refer to the term for social networking sites in the legislation, and that the only reference to its close concept was in the media’s inclusion of electronic means in the law The Iraqi Media Network No. (26) for the year 2015, and that the text related to the crime of violating the sanctity of the home and related to the physical entry into the home and the places in its ruling is a text based on a material basis, and therefore it does not apply to criminal behavior that occurs through technical means Modern information in view of the different nature of the act of entering in the two cases.