The Crime of Inciting Immorality and Debauchery via Social Media

Abstract

Modern science and information technology are in a state of constant progress and evolution. Whilst every scientific advancement and technological stride serves humanity and individuals better, they simultaneously produce undesirable consequences. Following the surge in social media usage, various new methods and avenues for committing criminal acts have emerged. Consequently, the crimes of inciting and facilitating debauchery are amongst the most dangerous moral crimes threatening the core values of society.

This crime encompasses various forms, including the dissemination of obscene images, videos, or pornography on social media platforms, and the management of online accounts that promote vice or debauchery. It also involves the livestreaming of sexual acts, the display of sexual or provocative imagery, the use of sexually explicit comments or private messages, and the grooming or influencing of victims (both male and female), as well as luring minors under the legal age for the purpose of debauchery via social networking sites and the internet.

These crimes have a devastating impact on the fabric of social relationships and family structure. However, the Iraqi legislature has not yet taken steps to enact specific legislation to combat information technology and internet crimes. In contrast, the Kurdistan legislature, recognising the dangers arising from communication devices, enacted a special law known as the "Law on Preventing the Misuse of Communication Devices," No. (6) of 2008.

This law covers crimes of debauchery committed via social media platforms and prescribes penalties for them. However, as this law contains numerous shortcomings and requires urgent amendment, we will divide the study of this crime into two sections.