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This is a proposal for discussion, not an enacted law.

Ali Zuweid's Political Programme

Proposed legislation · State, Constitution, Justice, Rights and Governance

Public Freedoms, Freedom of Expression and Peaceful Assembly, and Protection of Journalism Bill

A federal legislative framework translating constitutional guarantees of opinion, expression, the press, assembly and peaceful demonstration into enforceable rules; replacing prior assembly permits with notification; imposing a strict restrictions test; protecting journalists, sources and observers in practice; and providing rapid remedies against censorship, obstruction and abusive litigation.

Document number
POL-12
Version
1.0
Publication / last updated
6 October 2026
Scope
Republic of Iraq

Executive Summary

Article (38) of Iraq's Constitution establishes freedom to express opinions by all means; freedom of the press, printing, advertising, media and publication; and freedom of assembly and peaceful demonstration regulated by law. Yet operative legislation remains fragmented between the Journalists' Rights Law No. (21) of 2011, Penal Code provisions, Coalition Provisional Authority Order No. (19) of 2003 on assembly, and sectoral regulations, while the Freedom of Expression, Assembly and Peaceful Demonstration Bill remains in Parliament without a published final vote.

The bill addresses this gap on the basis that legal regulation should enable exercise of the right, rather than turn it into an administrative privilege. Freedom of opinion and expression is therefore the default; prior censorship is prohibited; no journalist or content creator requires a licence to receive protection; and restrictions are limited to statutory cases pursuing a legitimate aim through necessary, proportionate and least restrictive means.

For peaceful assembly, the bill moves from permits to organisational notification for planned public gatherings. It protects spontaneous, simultaneous and counter-assemblies, presumes peacefulness, prevents organisers being held liable for others' individual acts, and makes dispersal and force last-resort measures subject to documentation and accountability.

Journalism receives distinct safeguards: source confidentiality, protection of unpublished materials, strict limits on newsroom and journalistic-device searches, coverage rights in public places and assemblies, protective mechanisms against threats, and effective investigation of attacks. The bill also establishes early dismissal of abusive litigation aimed at silencing public participation and a foundation for moving from criminalisation of criticism and reputational offences towards proportionate civil remedies.

Legislative Gap and Proposed Policy

The Council of Representatives held the first reading of the “Freedom of Expression, Assembly and Peaceful Demonstration Bill” on 3 December 2022 and second reading on 9 May 2023. Its published legislative-progress page shows no date or sitting number in the voting field, meaning that the published record does not establish an operative law as of this document's date. A revised version was scheduled for voting in August 2025, followed by continuing controversy. The need is therefore a mature formulation capable of integration with the existing process, not a restart from zero.

The bill rests on seven connected choices: a single constitutional and Covenant-based restrictions test; assembly notification instead of authorisation; protection of journalism as a public societal function rather than a union or press-card privilege; journalist protection through existing institutions and mechanisms; rapid judicial appeal before an assembly or publication where possible; opposition to strategic abusive litigation using legal costs to silence criticism; and clear relations with the Penal Code, Journalists' Rights Law and Communications and Media Commission regulation.

Statement of reasons

This Law is enacted to implement Article (38) of the Constitution, guaranteeing opinion, expression, press, printing, advertising, media, publication, assembly and peaceful-demonstration freedoms, and Article (46), protecting their essence; replace fragmented transitional rules with clear national legislation facilitating rights and public safety; secure sources and journalists, prevent prior censorship and abusive litigation; regulate assembly through notification rather than permission; subject restrictions to legality, necessity, proportionality and judicial oversight; and align national law with Iraq's international obligations.

Explanatory memorandum

1. From “Regulating the Right” to “Enabling the Right”

The central problem is not omission of rights but how they are regulated. If “regulated by law” becomes administrative approval, a right depends on the discretion of the body that may itself be the protest's target. The bill reverses that relationship: citizens do not seek permission to express themselves or demonstrate; administrations receive notification to fulfil organisational and protective duties.

The State still has a role. Roads, facilities, emergencies and protection from violence require management. Authorities must, however, choose the least restrictive means, give written reasons and permit rapid appeal. Public security becomes an aim of sound administration, not a general phrase sufficient to cancel a right.

2. Relationship with the Existing Parliamentary Bill

The Freedom of Expression, Assembly and Peaceful Demonstration Bill has had a long passage: first reading in December 2022, second in May 2023, followed by committee discussions. In 2025, substantial redrafting and removal of several punitive provisions were proposed, yet the legislative-process page still lacks a completed vote field or published law number. This proposal therefore supplies a complete text for replacement or integration rather than assuming a political vacuum.

3. Why Combine Expression, Assembly and Journalism?

These independent rights are connected. Demonstrations are collective expression; journalism communicates it publicly; filming and monitoring protect assemblies from abuse; and information access grounds debate in facts. Separate laws can conflict. This Law applies one restrictions test while leaving specialised information-access and communications matters to their own legislation.

4. The Restrictions Standard

A restriction merely being “prescribed” is insufficient. Rights-compatible legislation also requires a specific legitimate aim, fact-based necessity and proportionality balancing risk against the right. The bill therefore rejects prohibiting a demonstration because congestion is possible if traffic can be rerouted, or blocking an entire platform over one account's unlawful content if targeted action is possible.

It also confines “public morals” to what fits a pluralistic society. Morality must not impose one particular ethical conception on everyone without identifiable, provable public harm.

5. Peaceful Assembly: Notification, Not Permission

Forty-eight-hour notification is designed for planned gatherings requiring traffic and security arrangements, not as a condition of the right. Spontaneous assemblies are protected; absence of notice neither criminalises participants nor automatically authorises dispersal. Organisers cannot be required to provide participant names or slogans, which authorities do not need to perform their duties.

The bill presumes peacefulness. A person throwing a stone or committing assault is dealt with individually, without transforming thousands of peaceful participants into a violent gathering. Likewise, opponents' threats cannot give them a veto over the original assembly.

6. Use of Force

The text creates no separate force regime, but establishes indispensable principles: necessity, proportionality, targeting the source of danger, and dispersal as a last resort. Documentation is mandatory because judicial review and investigation cannot be effective without records of force orders and methods.

7. Defining Journalists by Function, Not a Card

The 2011 Journalists' Rights Law tied the definition to full-time work and limited application to Iraqi journalists. That approach inadequately covers freelancers, independent photographers, foreign correspondents or regular digital publishers. The bill uses a functional definition: genuine journalism receives its safeguards without union membership or official cards becoming gateways to rights.

Not every digital-platform user thereby becomes a journalist for every purpose. Special source and unpublished-material protection relates to professional or regular information gathering and public dissemination, while general expression freedom belongs to everyone.

8. Source Confidentiality

Easy compulsion to reveal sources discourages employees and witnesses from exposing corruption and violations. Confidentiality is therefore the rule, with a very narrow judicial exception tied to a serious offence and danger to life or safety, decisive information and exhausted reasonable alternatives.

9. Journalists' Safety and the Existing Mechanism

UNESCO data identify a national journalists' safety and anti-impunity mechanism operating since 2016, bringing together government, judicial and professional bodies. Its database also records more than two hundred journalist killings in Iraq since 1993 and a very low judicial resolution rate for its recorded cases. The Law therefore formalises coordination without creating another authority, leaving investigation, prosecution and adjudication with constitutional institutions.

10. Abusive Litigation

Legal proceedings can themselves punish even where claimants ultimately lose: years of litigation, costs and financial threats may silence journalists, researchers or activists. The bill permits early dismissal when indications show public participation is targeted, without immunising deliberate defamation, extortion, threats or privacy violations. Its purpose is preventing abuse of litigation, not abolishing access to courts.

11. Reputation, Defamation and Insult

The Law protects reputation as a personal right while distinguishing this from shielding authority against criticism. It progressively favours civil remedies—correction, reply, proportionate compensation and judgment—with special criminal privileges for public institutions removed through the new Penal Code. Transitional interpretative guidance prevents existing provisions being expanded against legitimate political and journalistic criticism.

12. The Digital Environment

The Communications and Media Commission's September 2026 draft digital-content regulations demonstrate the need for clear legislative standards before administrative regulation expands. The bill permits platform regulation and responses to incitement, threats and fraud, but prevents regulations independently creating offences, penalties or general blocking powers, requiring consultation, reasons and appeal.

13. Federalism and the Kurdistan Region

The Kurdistan Region's Demonstrations Regulation Law No. (11) of 2010 requires prior approval, deeming silence after a specified period to be consent. Given the constitutional allocation of powers, the bill does not presume federal repeal of regional law in a non-exclusive field. It proposes alignment towards stronger protection, especially notification instead of permission, spontaneous assemblies and presumed peacefulness.

Alignment with Existing Legislation

Principal Related Legislation and Files
Legislation or filePositionRequired alignment
Constitution of the Republic of Iraq, 2005Rights and freedoms provisions, particularly Articles 38 and 46.The Law implements rights and must not be interpreted to diminish their essence.
Coalition Provisional Authority Order No. 19 of 2003Transitional assembly regulation outside the Region; suspended Penal Code Articles 220–222 in this field.Repeal upon the notification system's commencement without reviving suspended punitive restrictions.
Journalists' Rights Law No. 21 of 2011Provides professional rights, benefits and protection but narrowly defines journalists.Retain benefits and expand freedoms and protection to independent, part-time and non-Iraqi journalism.
Penal Code No. 111 of 1969, as amendedContains insult and defamation offences; Article 226 was amended by Law 10 of 2024 to provide an exception for critical expression.Narrow transitional application, followed by comprehensive POL-14 reform, removal of special criminal protection for authorities and priority for civil reputation remedies.
Order No. 65 of 2004 and the Communications and Media CommissionFoundation of media, communications and spectrum regulation.Retain technical regulation and scarce-resource licensing, subjecting content regulation to rights standards, reasons and appeal.
Kurdistan Region Demonstrations Regulation Law No. 11 of 2010Existing regional legislation based on prior approval.Regional alignment towards notification, presumed peacefulness, spontaneous assembly and force standards, respecting regional powers.
POL-09 Right of Access to Information and Open GovernmentRegulates public information access, exceptions and appeals.Applies to journalists and others; avoids a duplicate, narrower journalistic-information regime.
POL-10 Integrity and Whistleblower ProtectionProtects lawful disclosure and whistleblowers.Complements source protection and prevention of retaliation against information providers.
POL-14 New Iraqi Penal CodeA subsequent programme file.Complete criminal-law reform of insult, defamation and incitement provisions to meet this Law's standards.
POL-89 Information Technology Offences and Digital EvidenceA subsequent digital-state axis file.Prevent vague digital offences penalising protected expression or permitting blanket blocking.
POL-91 Communications, Digital Services and FrequenciesA subsequent file rebuilding sectoral regulation.Protect regulatory independence and separate infrastructure regulation from policing opinion.

Financial and Implementation Implications

No new authority or independent apparatus is required, limiting direct financial impact compared with institution-building laws. Most duties already exist: police manage assemblies, courts hear appeals, the High Commission for Human Rights receives complaints, the Communications and Media Commission regulates, and the national journalists' safety mechanism operates.

Implementation Impact Components
ComponentImpactFinancing or implementation
Assembly notification systemLow-to-medium technical and administrative cost for an electronic form connecting governorates and police.Integrate into existing government-service portals with a free paper alternative.
Police trainingTransitional training costs for facilitation, force and journalist relations.Incorporate into existing curricula and Ministry of Interior budgets without a new body.
Force documentationImprove records, video retention and reporting procedures.Gradual implementation within existing evidence and records systems, prioritising units most involved with assemblies.
Journalist protectionPotentially increased risk-assessment and follow-up workload.Use the existing national mechanism and investigation and liaison units.
Urgent judicial proceedingsLimited procedural workload from prioritising time-sensitive appeals.Manage through case allocation and hearing procedures without new courts.

Public financial data cannot support a reliable transition-cost figure, so the bill avoids false precision. Each body shall include transitional requirements in its annual budget and identify additional needs through proper budget procedures.

Relevant International and Comparative Standards

The bill uses Covenant Article (19) and General Comment No. (34) to distinguish unrestricted opinion from expression subject only to lawful, necessary and proportionate restrictions. Assembly rules also draw on General Comment No. (37), particularly presumed peacefulness, prohibition as a last resort, protection of journalists and observers, and no organiser charges for police or public services.

For incitement, the Rabat Plan of Action informs assessment of context, speaker, intent, content, reach and likely harm, instead of vague offences such as “arousing feelings” or “offence” without clear thresholds. Journalist protection draws on the international prevention, protection and prosecution approach, using Iraq's existing national mechanism.

No country's model is copied. The aim is workable rules within Iraq's constitutional system: reviewable administration, police responsible for facilitation and protection, courts reviewing restrictions, and independent institutions acting within existing competences.

Sources and references

  1. Iraqi Council of Representatives — Constitution of the Republic of Iraq 2005. Official source
    Iraqi Constitution — Council of Representatives
  2. Iraqi Council of Representatives — Legislative progress of the Freedom of Expression, Assembly and Peaceful Demonstration Bill. Official source
    Bill page in the fifth parliamentary term archive
  3. Iraqi Council of Representatives — Minutes of sitting No. 25 on 9 May 2023, second reading of the bill. Official source
    Sitting minutes
  4. Journalists' Rights Law No. (21) of 2011 — Iraqi Official Gazette issue 4206. Operative Iraqi legislation
    Law text
  5. Supreme Judicial Council — Framework for the Right to Criticism and Expression in Iraqi Criminal Legislation, 2026. Institutional judicial source
    https://www.sjc.iq/view.79506/
  6. Coalition Provisional Authority Order No. (19) of 2003 — Freedom of Assembly. Legislative text
    Archived official text
  7. Communications and Media Commission — Public consultation on draft digital-content regulations in Iraq, 2026. Official source
    Consultation announcement
  8. Human Rights Committee — General Comment No. 34 on Article 19 of the International Covenant on Civil and Political Rights. United Nations
    Arabic text
  9. Human Rights Committee — General Comment No. 37 on the right of peaceful assembly. United Nations
    Arabic text
  10. Human Rights Committee — Concluding Observations on Iraq's Sixth Periodic Report, CCPR/C/IRQ/CO/6. United Nations
    Text
  11. UNESCO — National Safety Mechanisms: Iraq. International organisation
    https://www.unesco.org/en/safety-journalists/un-plan-action/national-safety-mechanisms/iraq
  12. UNESCO — Iraqi CSOs Respond to Surge in Harmful Online Content, 2026. International organisation
    Published article
  13. Kurdistan Parliament — Legislation of 2010, Law No. (11) on demonstrations. Official regional source
    https://www.parliament.krd/english/parliament-business/legislation/2010/

Ali Zuweid's Political Programme · POL-12

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