Freedom of the Press 2008 - Iraq

Status: Not Free
Legal Environment: 22 (of 30)
Political Environment: 31 (of 40)
Economic Environment: 16 (of 30)
Total Score: 69 (of 100)
(Lower scores = freer)

Iraq continued to be the most dangerous place in the world for the press, with several dozen journalists and media workers killed during the year. The two greatest challenges to press freedom remained the ongoing security issues and the restrictions on investigating corruption and abuses of power. Both freedom of opinion and freedom of the press are guaranteed in Article 36 of the 2005 Constitution, provided that these rights are exercised "in a way that does not violate public order or morality." The Constitution also outlines a legal framework for the creation of an independent National Communications and Media Commission to regulate broadcast media. However, Iraqi laws restrict the press and allow for fines and imprisonment of up to seven years for anyone who insults the national assembly, the government, or public authorities. The media is also prohibited from supporting the Ba'ath Party, inciting violence or civil disorder, or calling for a change in Iraq's borders through violent means. In addition, a number of restrictive laws dating from Saddam Hussein's rule remain on the books, and some emergency orders from the Coalition Provisional Authority (CPA) period are still in effect. The press may also still be prosecuted under the 1969 penal code, which criminalizes libel, defamation, the disclosure of state secrets, and spreading of "false news". Several amendments to laws governing the press have been circulated, and the Constitution itself is still being revised, which may or may not improve legal protections for the press.

The Parliament of the Kurdistan Region approved a new press bill in December that had been drafted in cooperation with the Kurdistan Journalists' Syndicate. The draft is rather restrictive however, and proposes fines of up to ten million dinars (US$8,200) for various vaguely worded offenses such as disturbing security, spreading fear, and encouraging terrorism. The new law could have a crippling effect on the many journalists already facing a multitude of frivolous libel charges. Due to pressure from the Kurdish media and watchdog groups like the Journalistic Freedoms Observatory, President Masoud Barzani refused to sign the law and returned it to the Parliament of Iraqi Kurdistan for revision.

While the number of arrests and detentions of journalists by Iraqi Security Forces and US forces declined considerably in 2007, the Iraqi authorities employed other forms of legal harassment of the media. The government maintained its policy of curbing broadcasters using CPA Order 14, which prohibits the media from "inciting violence." The local offices of Sunni TV channels Al-Zaura and Salah al-Din, as well as the Dubai based satellite channel Al-Sharqiya were closed down in late 2006 and early 2007 for airing footage of Iraqis protesting Saddam Hussein's execution. The stations continued to air on satellite channels hosted outside the country. The Iraqi offices of satellite channel Al-Jazeera remained closed after being shut down by the government in 2004. Citing security reasons, the government placed restrictions on reporting on bomb attack sites in May, and starting in November, journalists were forbidden to go to the Kandil Mountains to cover hostilities between the PKK and Turkish forces. Eleven employees of Wasan Media were arrested on February 25 and charged with inciting terror for sharing video footage with Al-Jazeera of an interview with a woman who was allegedly raped by police. While all charges were dropped, two of the media workers remained in jail at the end of the year for charges of possessing unlicensed weapons. Extrajudicial means of harassment and intimidation of independent journalists also increased in the Kurdistan region over the last couple of years, with several editors of independent publications such as the Hawlati being jailed and resigning from their posts over threats of imprisonment for publishing articles critical of the KRG.

The case of Associated Press photographer Bilal Hussein, who had been held by U.S. military without charge for twenty months, finally came before an Iraqi court in December. The hearings were held in secrecy, and Hussein was never formally charged. U.S. officials have claimed that Hussein had been working with insurgent groups who had given him privileged access to their attacks, but the Associated Press was able to discredit some of these claims. Hussein remained in detention at the end of the year. All other journalists detained by U.S. forces have been released, most without being formally charged.

According to the International Press Institute, 42 journalists and media workers were killed in 2007. All journalists killed were Iraqi nationals with the exception of one Russian photographer working for CBS. Although some journalists are caught in the crossfire, most are victims of deliberately targeted attacks by insurgent groups and militias who often go unpunished. Insurgent groups have been known to issue "death lists" of journalists. On June 7, female reporter Sahar Hussein Ali al-Haydari, was singled out and killed by four gunmen associated with the al-Qaeda affiliated group "The Islamic State in Iraq." Al-Haydari worked for the National Iraqi News Agency and the independent news agency Aswat al-Iraq. An American air strike killed a Reuters photographer and his assistant on July 12 along with nine other Iraqis. Reuters called for an investigation into the air strike which eyewitnesses claimed was fired indiscriminately. The Committee to Protect Journalists criticized a Pentagon investigation report on the 2004 killing of two Al-Arabiya employees by U.S. troops. The U.S. forces have been responsible for the deaths of at least 16 journalists since 2003.

According to Reporters without Borders, armed groups kidnapped 25 media workers in 2007, and while most were freed shortly after, five were killed. Kidnappers still held 14 Iraqi journalists at the end of the year, including five who were kidnapped in 2006. On April 3, gunmen seized Othman al-Mashhadani, a reporter for the Saudi Arabian daily Al-Watan who had reported on various sectarian militias, including the Shiite Mahdi Army and the Sunni Islamic Army. The kidnappers called his family and asked for a ransom, but he was found tortured and dead three days later. Many kidnappings target local journalists working for foreign media as correspondents or stringers. Most journalists practice a high level of self-censorship in response to the extra-legal intimidation and violence, as well as the threat and implementation of restrictive press laws.

The diversity of the media in Iraq increased dramatically after the fall of Saddam Hussein. Iraq now has more than 100 daily and weekly publications and dozens of private television and radio channels. Nevertheless, the financial viability of these outlets is severely threatened by the security situation, and many publications have very small circulations. Nearly all media outlets are privately owned and operated; many are financially dependent or affiliated with ethnic, sectarian, or partisan groups mostly due to economic necessity. In conjunction with poor training for journalists, the media environment reflects a plurality of viewpoints, but a lack of balanced journalism. Traditional, independent journalism is spearheaded by successful publications such as Assabah Aljadeed and Hawlati, and news agencies such as Aswat al-Iraq. Media infrastructure has improved with ICT technology and new printing presses in Baghdad and Basra. The government controlled Iraqi Media Network includes Al Iraqiya television, Al Sabah newspaper and radio stations throughout the country. Among the largest domestic television stations is Al Sharqiya, which broadcasts from Dubai and features news, soap operas, and satire. The popularity of foreign satellite television, previously banned under Saddam Hussein except in the northern Kurdish regions where it was legalized in 1991, has increased immensely since the 2003 invasion. Around one third of all Iraqi families now own a satellite dish. Internet use was severely limited during the Saddam Hussein-era, but many Internet cafés have opened up since 2003. There are no direct government restrictions on Internet access, but due to the security situation, power failures, and lack of infrastructure, the number of private Internet users remains small even by regional standards.