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Adding Fuel to the Fire: Justifying Iraq's Media Incitement Laws

Published online by Cambridge University Press:  28 February 2019

Extract

With its improving stability and approaching independence, Iraq must decide a centuries-old question: which is more important, liberty or security? This Article addresses this question in the realm of Iraq's freedoms of the press.

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Articles
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Copyright © 2009 by the International Association of Law Libraries 

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References

1 Brian Katulis, Freedom House, Liberated and Occupied Iraq: New Beginnings and Challenges for Press Freedom (2004), available at http://www.freedomhouse.org/template.cfm?page=131&year=2004&essay=12.Google Scholar

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12 Coalition Provisional Authority Order 14 (2003), available at http://www.cpairaq.org/regulations/20030610_CPAORD_14_Prohibited_Media_Activity.pdf.Google Scholar

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15 The International Covenant on Civil and Political Rights, Article 19, section 2 states, “[e]veryone shall have the right to freedom of expression” including “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Section 3 subjects these rights “to certain restrictions, but these shall only be such as are provided by law and are necessary.” Four restrictions are enumerated, including “[f]or the protection of national security or of public order (ordre public), or of public health or morals.” Another restriction prohibits “[a]ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” The International Covenant on Civil and Political Rights, § 2, (1966).Google Scholar

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35 CMC's Interim Broadcasting Programme Code of Practice, § 1, 1.1 (2004).Google Scholar

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38 Policy Recommendations, supra note 2 at 38.Google Scholar

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45 XIX 19, supra note 20, at 16; Freedom House, Freedom of the Press 2007 Iraq report, (2008), available at http://www.freedomhouse.org/uploads/press_release/MENA_FTP_07.pdf. The report gave Iraq a score of 22 in the legal environment category, and a total of 70; 100 being the worse score. This is virtually the same as the previous year. Id.Google Scholar

46 Marc Santora and Damien Cave, Banned Station Beams Voice of Iraq Insurgency, The New York Times, January 21, 2007 at 8. The channel's founder, Meshaan al-Juburi, is a former Sunni member of Parliament who was indicted February 2006 on charges of embezzling millions of American dollars. Al-Juburi went into hiding, but American and Iraqi officials say he has funneled some of the money to Sunni insurgents and to his TV station. Id.Google Scholar

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51 This does not mean other uses have not occurred, as watch group reports typically have a 1–2 year lag. Searches of newspaper articles and Google, however, also failed to show Order 14 uses.Google Scholar

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63 Id. at 450, (Black, J., concurring)(using that now famous “clear and present danger” terminology).Google Scholar

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97 NationMaster, Education Statistics, http://www.nationmaster.com/graph/edu_ave_yea_of_sch_of_adu-education-average-years-schooling-adults. In comparison, children in the United States have 12 average years of school, more than any other country in the world. Id.Google Scholar

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