Criminal Liability Arising from Publishing Images of Physical Abuse

Abstract

Among the crimes committed through social media in recent times is the crime of publishing content depicting bodily harm, whether such publication concerns the victim while still alive after the commission of the crime, or involves photographing and publishing images of the victim’s corpse after death. In such cases, the offender posts photos or video clips on Facebook, Instagram, TikTok, and other platforms, without any regard for the victim’s privacy or even consideration for the feelings of the victim’s family. Therefore, in light of the weakness of criminal legal provisions that directly criminalize such acts, it has become necessary for the legislator to intervene by enacting a law specifically addressing electronic crimes. The research methodology we adopted in writing this study is the comparative analytical method, through analyzing legal texts in national legislation and comparing them with those contained in comparative French and Egyptian legislation, relying on the opinions of legal scholars and judicial decisions.

Based on the title (Criminal Liability Arising from Publishing Images of Physical Abuse), this study addresses the substantive aspects of the crime of publishing images of physical abuse, in terms of defining criminal liability, examining its elements, and outlining the resulting penalties. This is all done through the provisions of national legislation, such as the Iraqi Penal Code No. (111) of 1969, and through the provisions of comparative legislation, such as the French Penal Code No. (92-683) of 1994, the Egyptian Penal Code No. (58) of 1937 as amended in 2021, and the Egyptian Cybercrime Law No. (175) of 2018.

To fulfill this purpose, we will divide this study into two sections. The first section will address criminal liability for publishing and filming physical abuse, while the second section will be dedicated to the legal framework of the crime of publishing images.