Prohibiting the publication of criminal decisions on social media sites: a comparative study between Iraqi law and Algerian law

Abstract

The principle of confidentiality of investigation procedures and the presumption of innocence are considered two sides of the same coin because, on the one hand, it achieves a great benefit to protect the public interest, which is the investigation and reaching the complete truth that criminal justice seeks, so that it remains a stumbling block in the path of criminals who want to escape from justice because of their knowledge of the investigation procedures. On the other hand, it provides protection to the innocent individual who has not been proven guilty after ensuring that his freedom is not infringed. This study aims to analyze and compare Iraqi and Algerian laws related to prohibiting the publication of criminal decisions on social networking sites. The use of social networking sites to disseminate information and news has become common in modern societies, which poses new legal challenges. The relevant legal texts in Iraqi law and Algerian law were reviewed, and the legal concepts and principles related to the prohibition of publishing criminal decisions on social media sites were analyzed. The standards and procedures set forth in Iraqi and Algerian laws were studied, including potential penalties for those who violate these laws. The differences and similarities between the two laws were analyzed with regard to the prohibition of publishing criminal decisions on social media sites. Challenges to effective implementation of these laws are discussed, including the difficulty of assigning liability and applying penalties in a changing and diverse digital environment. The study found that Iraqi law and Algerian law share the general goal of prohibiting the publication of criminal decisions on social media sites, but they differ in the details and stipulated procedures. It is clear that there is a need to update and review existing laws to keep pace with technological developments and achieve a balance between the right to digital freedom and ensuring the course of criminal justice. The study recommends the necessity of strengthening international cooperation and exchanging experiences in this field, and designing effective procedures and implementation mechanisms to ban the publication of criminal decisions on social media sites. It also indicates the importance of increasing legal awareness among users and enhancing the guiding role of judicial authorities and relevant institutions in this context.