Kurdish parliament’s digital media regulation bill blurs boundaries of expression, opponents say

ERBIL, Kurdistan Region —  A digital media regulation bill moving through Kurdistan’s parliament has sparked criticism from journalists and the public, despite lawmaker reassurances that amendments to sections deemed too strict can and will be made. 

The Bill of Reorganizing Digital Media in the Kurdistan Region - Iraq consists of 22 articles, and has been signed by 53 MPs from different blocs both within and outside of government. The first reading of the bill took place on July 27; a second reading has yet to be announced.

Among the most controversial articles of the bill are Article 15, which stipulates that “a website editor-in-chief or owner of account or official pages on social media platforms will be fined from 1,000,000 to 5,000,000 dinars ($840-$4,200) if they defame, insult or threaten an individual", and Article 12, which says that “anyone related to terror in the digital publications will be dealt with according to terror law." 

Opponents say the bill fails to adequately distinguish between private, commercial, and journalist accounts. A Sunday night announcement from parliament’s culture committee looked to temper those concerns. 

"The bill is not designed to narrow down press freedom, nor does it impose any early monitoring of the social media," read the announcement.

Kurdistan Region and federal Iraqi laws currently used to regulate media are too dated to accommodate for digital media, and the new bill would ensure digital media journalists do not face detention, it added.

"All the lawmakers who have signed the bill stand against the imprisonment of journalists and emphasize that the press freedom must be wide, in addition to the protection of the dignity of our people and preventing insults to the values and the dignity of our people. According to the bill, the convicted will only face financial penalties, not imprisonment...This has been the main objectives of the bill and the journalists themselves," the announcement added.

Among media workers who are wary of the bill is Rahman Garib, head of Metro Center, a Sulaimani-based press watchdog.

"We have reservations about the bill because it contains some points and sections that even target people publishing something from their own home," Gharib told Rudaw English by phone on Monday. "It has also mixed up journalism work, social media advertisements and information sites."

Instead, regulation of digital media should come from the amendment of existing press laws, “with a section specific to social media applying all the existing rules and regulations to it," Gharib said.

London-based Kurdish journalist Mahmood Y. Kurdi described the bill as "very bad".

"Kurdistan does not need such laws, because they minimize freedom and are prone to manipulation for use against critics and the opposition," Kurdi told Rudaw English via Messenger.

According to the parliament committee, “the bill will help create a healthy and responsible society, not one where a group of populists and irresponsible people insult people using fake pages and names and that their cases are not decided on by courts,” it said.

It dismissed claims that according to Article 12, individuals who use social media to make criticisms will be subject to the Law of Combating Terror in the Kurdistan Region - Iraq, Law No. 3, Year of 2006.

“It is untrue. The bill has only said that ’anyone related to terror in the digital publications will be dealt with according to terror law," the culture committee said.

The terror law makes “deliberately spreading information through literature or audiovisual or electronic mediums that encourages the commissions of acts of terrorism and leads to the undermining of public safety, the spread of fear, or threatens regional political institutions” punishable by up to 15 years in prison.

Withdrawn support

In light of backlash against Article 12, some MPs who initially backed the bill have withdrawn their support, said Change Movement (Gorran) parliament member Ashna Abdullah Qadir.

"Since the bill has sparked uproar and anger among the public, it needs to be revised and workshops be held for it to be improved and alleviate the concerns,” Qadir said.

Salma Fatih, a PUK MP who heads of the culture committee and endorsed the bill, said reactions against it are "politically motivated". 

However, she refused to comment on concerns that the bill fails between individual social media users, commercial users, and journalists. 

Sunday’s announcement by the culture committee questioned MP motives behind the withdrawals.
 
“We find it strange that this section has been taken out of context to mislead the public,” the statement read.

Nevertheless, the bill could be amended to “assure the public,” the statement said.

Room for amendment 

Fatih reiterated her committee’s proposal on editing the bill, telling Rudaw English Article 12 will be removed to “alleviate concerns”.

The parliament committee added that they are willing to hold seminars and workshops "to enrich the bill with the help of experienced media workers, media '' and others who have "expertise in media lawmaking".

"We assure the beloved media workers that the second reading of the bill will not be held unless your reservations and feedback are added to it, in a way it can serve publication freedom and reorganize it to protect the dignity of our people in the best possible way"

The Metro Center head commended the culture committee's readiness to remove Article 12 of the bill.
"This bill needs a lot of discussion before it is turned into a law as well as consensus among all the political parties," he said.

Cautious backing

Mam Burham Qanie, a New Generation MP, generally commended the bill, but said that "reservations from writers, journalists and intellectuals about it should be taken into account".

Qanie does not agree with the amendment of the press law and believes "a digital media law is needed".

"We agree that we need to put digital media in order," Handren Ahmed, secretary of the Kurdistan Journalists Syndicate said - but "the journalists syndicate has always advocated for ultimate freedom to be given to every media outlet in Kurdistan."