College of Law

The Crime of Cyber ​​Blackmail: Between Awareness and Criminalization under Iraqi Legislation
Legal Article
Dr. Ahmed Faris Idris
College of Law / University of Mosul
Introduction:
In recent decades, the world has witnessed tremendous development in communication and digital technologies, accompanied by the emergence of new patterns of criminal behavior, most notably the crime of cyber blackmail, which now threatens individuals, communities, and institutions alike.
This crime is considered one of the most dangerous cybercrimes due to the psychological, economic, and social impacts it leaves on victims, and the legal challenges it poses for legislative and judicial authorities in Iraq.
This article seeks to clarify the concept of cyber blackmail and its types, then explain the Iraqi legal framework that regulates it, highlighting the role of society, the law, and academic institutions in combating this crime.
First: Definition of the Crime of Cyber ​​Blackmail:
The crime of cyber blackmail refers to any behavior in which the perpetrator threatens the victim with publishing or disclosing personal information, photos, or clips via electronic media, with the intent of obtaining a material or moral benefit or to compel the victim to perform or refrain from performing an act. Electronic blackmail is a form of threat crime stipulated in Iraqi Penal Code No. (111) of 1969. However, it takes on a special character because it occurs digitally, making it difficult to detect perpetrators or seize evidence using traditional means.
Second: Types of Cyber ​​Blackmail Crimes: Cyber ​​blackmail can be classified into several types based on the nature and purpose of the act, the most prominent of which are:
1. Financial blackmail: This refers to the perpetrator demanding sums of money from the victim in exchange for not publishing private information or photos.
2. Sexual blackmail: This involves using intimate content to threaten and sexually or financially exploit the victim.
3. Social blackmail: This aims to undermine a person’s reputation or social or family standing.
4. Political or employment blackmail: This often targets employees or public figures with the aim of pressuring or influencing their decisions.
Third: The Legal Framework for Cyber ​​Blackmail in Iraq: Although the Iraqi Penal Code addresses the crimes of threat and blackmail in Articles 430-452, technological developments have necessitated the development of specific legislation for cybercrimes.
Despite the issuance of the Anti-Cybercrime Law of 2019, it has not yet been ratified, despite its addressing of crimes committed online, including cyberblackmail. It stipulates penalties for anyone who uses electronic media to threaten or blackmail others. It also stipulates the establishment of a national center for digital evidence to document and control cybercrimes.
Article (452) of the Penal Code stipulates that anyone who threatens a person with exposing a matter or attributing an act to them with the intent of extorting money or benefit shall be punished with imprisonment or detention. This article can also be applied to crimes committed online, taking into account the specificity of the means used.
Fourth: The Role of Society in Combating CyberBlackmail: Combating this crime cannot be achieved through criminalization alone. Rather, it requires comprehensive societal awareness based on:
1. Promoting a culture of digital security among all segments of society, especially youth. 2. Encouraging victims to report without fear or shame, and ensuring the confidentiality of information.
3. Involving civil society organizations in awareness campaigns and promoting a culture of safe use of modern technologies.
4. Supporting responsible, professional media in raising awareness of the dangers of blackmail and its modern methods.
Fifth: The role of the law in combating this phenomenon: The law is the most important tool in combating this crime through:
1. Explicitly criminalizing all forms of blackmail via electronic media.
2. Developing digital proof procedures and training specialized technical personnel in collecting electronic evidence.
3. Enhancing international cooperation in prosecuting transnational criminals.
4. Protecting victims and ensuring they are not stigmatized or exploited during investigations or trials.
Sixth: The role of academic institutions in reducing the crime of cyber-blackmail: Universities and colleges, particularly faculties of law, computer science, and media, should raise awareness to combat this crime by:
1. Holding scientific workshops and awareness seminars for university students on the safe use of technology.
2. Incorporating cybercrime topics into legal curricula.
3. Encouraging academic research addressing the legal, social, and psychological aspects of cyber-extortion.
4. Cooperating with judicial and security authorities to prepare field studies and realistic legislative recommendations. The importance of the role of academic institutions in building digital legal awareness that contributes to protecting individuals from falling victim to blackmail has been previously highlighted in several of my lectures and scientific workshops.
Conclusion:
The crime of cyber-extortion poses a real challenge to society and the state, requiring the activation of legislation, oversight, awareness, and education.
Legal criminalization alone is not sufficient unless it is supported by a national culture and awareness that recognizes the seriousness of these crimes to the security and stability of society.
Ethical commitment and digital responsibility remain the most powerful weapons in combating this crime, along with the firm and fair application of the law.
Sources:
1. Iraqi Penal Code No. (111) of 1969 and its amendments.
2. Iraqi Anti-Cybercrime Law of 2019.
3. Dr. Ahmed Faris Idris. Lectures on Cybercrime and Digital Extortion. College of Law, University of Mosul, 2024.
4. United Nations Office on Drugs and Crime (UNODC). Guide to Combating Cybercrime, 2022.
5. Falah Hassan Al-Mousawi, Criminal Protection of Electronic Data in Iraqi Law, Journal of the College of Law, University of Baghdad, 2023.