Empowering Victims: A Human Rights Approach to Electronic Blackmail in Iraq
Issa Sufyan Al-Assafi
Human Rights Officer @ United Nations | Human Rights, Rule of Law
Electronic Blackmail: A Human Rights and Rule of Law Perspective
Electronic blackmail, a growing concern in the digital age, poses significant threats to individual rights, particularly for vulnerable groups such as women and girls. This form of coercion often exploits personal information shared on social media, leading to emotional and financial harm. The intersection of human rights and the rule of law is critical in addressing this issue, emphasizing the need for awareness, legal frameworks, and protective measures.
The Human Rights Perspective
From a human rights standpoint, electronic blackmail infringes on several fundamental rights, including the right to privacy, the right to security, and the right to freedom from coercion. Victims, often subjected to threats that exploit their personal vulnerabilities, experience a profound violation of their dignity and autonomy.
1. Right to Privacy: Individuals have the right to control their personal information. The unauthorized use of private data for blackmail undermines this right, leading to emotional distress and reputational harm.
2. Right to Security: The threat of exposure and coercion creates an environment of fear, affecting victims' mental health and overall well-being. This situation is particularly acute for women, who may face societal stigma and violence.
3. Right to Due Process: Legal frameworks must ensure that victims can seek justice without further victimization. Effective legal recourse is essential for upholding the rule of law and protecting human rights.
Social Factors Contributing to Electronic Blackmail
The prevalence of electronic blackmail can be attributed to various social factors:
- Lack of Awareness: Many victims, particularly women, lack knowledge about digital safety and the implications of sharing personal information online. This ignorance makes them easy targets for blackmailers.
- Cultural Stigmas: Societal pressures related to honor and reputation often compel victims to comply with demands, fearing public exposure and shame.
- Emotional Vulnerability: Factors such as emotional deprivation and domestic violence can lead individuals to be more susceptible to manipulation and coercion.
Legal Framework and Challenges
The absence of specific legislation addressing electronic crimes hampers effective legal responses. Currently, Article 452 of the Iraqi Penal Code provides a framework for penalizing coercion but does not adequately address the nuances of electronic blackmail.
- Need for Comprehensive Legislation: Countries worldwide have begun to enact laws specifically targeting cybercrimes. Iraq must follow suit to provide clear legal definitions and penalties for electronic blackmail.
- Education and Training: Continuous training for law enforcement and judicial authorities on cybercrime is essential. Awareness campaigns should also be implemented to educate the public about the risks and legal protections available.
Recommendations and Solutions
To combat electronic blackmail effectively, a multi-faceted approach is necessary:
1. Awareness Campaigns: Governments and NGOs should launch extensive public awareness campaigns to educate citizens about online safety, the risks of sharing personal information, and the available legal protections.
2. Legislative Action: The Iraqi government must prioritize the enactment of an Electronic Crimes Law that specifically addresses electronic blackmail, incorporating provisions for victim protection and offender accountability.
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3. Support Services for Victims: Establishing support hotlines and counseling services can provide victims with the necessary resources to navigate their experiences and seek legal recourse without fear of stigma.
4. Community Involvement: Families should engage in open discussions about digital safety with their children, fostering an environment where young people feel empowered to protect their online identities.
5. Enhanced Security Measures: Individuals should be encouraged to implement robust security protocols, such as two-factor authentication and privacy settings on social media platforms, to safeguard their accounts from hacking and misuse.
Addressing electronic blackmail requires a concerted effort that integrates human rights principles and the rule of law. By enhancing awareness, enacting comprehensive legislation, and providing support for victims, societies can work towards eliminating this insidious form of coercion and protecting the dignity and rights of all individuals.
Electronic blackmail.. Lack of awareness leads victims to do what is forbidden, and the law deters those involved
By using social media accounts, most of which are fake, that share personal photos and information about others, some weak-willed people find emotional blackmail, especially for girls in particular and women in general, a way to obtain money. Despite the continued entrapment of these people by the relevant security services, this problem is still present due to the lack of awareness among the victims, and hardly a day goes by without announcing the arrest of blackmailers, some of whom have fallen victim to their inhumanity. The Iraqi News Agency (INA) opened this file with specialists, researchers, legal experts, and experts in protecting websites and electronic accounts, with the aim of shedding light on this serious problem that is deterred by awareness and legal legislation.
Social reasons that helped in the growth of the phenomenon of electronic blackmail
A social psychological researcher says that electronic blackmail crimes are modern and dangerous crimes because the perpetrator controls the victim remotely and by his own will at first, then he continues to dictate to him what he wants.
He adds that "due to the lack of awareness, especially among girls and women in general, they are easily blackmailed because it is related to honor and reputation, so the woman makes concessions for fear of scandal. There is also the reason of emotional and material deprivation, which are another reason for blackmail."
He continues that "violence, especially domestic violence, is a reason for the abuser to try to take revenge, and thus he falls prey to these crimes, not to mention the naivety of some, as they publish or send very private matters such as pictures or important documents by their own will or by mistake or children playing with their phone or if it happens to others for any reason, it is a means of blackmail."
He stressed that increasing awareness through the media and the security services following up on these people and deterrent legal procedures is the best way to reduce these crimes, in addition to families following up on their sons and daughters and educating them on a permanent basis." An expert explains the legal penalties against blackmailers
On how the law deals with perpetrators of the crime of electronic blackmail, a legal expert explains that "in the absence of legislation of the Electronic Crimes Law, the legal classification or legal description of this crime applies to Article 452 of the Iraqi Penal Code No. 111 of 1969, which punishes with imprisonment for a period of up to 7 years anyone who forces another person by threat to hand over money or other things against his will, and the penalty reaches 10 years if the crime is committed by force and coercion." He added that "the failure to legislate the Electronic Crimes Law to deal with such cases and others represents a problem facing the application of the law and the application of penalties, and most neighboring Arab countries and countries of the world have enacted laws for electronic crimes, and the issue has become global and is repeated on a daily basis." He continued that "the Federal Court of Cassation considered what is published on social media to be applicable to what is applied to the media in legal dealings, and also ignorance and lack of awareness are reasons that led to the recurrence of these crimes, and education must be provided continuously through the relevant authorities and the media."
The Ministry of Interior clarifies its procedures on how to pursue and arrest blackmailers
The Ministry of Interior confirms the implementation of modern, advanced and strict legal security measures against blackmailers, in addition to the continuation of awareness campaigns, which helped to reduce electronic blackmail operations.
The Director of the Electronic Crimes Division at the Ministry said that electronic blackmail operations have begun to decrease significantly in the current period as a result of deterrent measures represented by pursuing those involved and the judiciary's dealing with them, as a large number of electronic blackmailers have been arrested and the sentences against them range between 7 years in prison for those who have one blackmail crime and double to 14 years if it is proven that they have committed more than one crime.
Awareness has increased thanks to the educational seminars sponsored by the Ministry to prevent blackmail operations, which are enhanced by educating citizens on how to protect their accounts on social media and fortify them from hacking, as it is necessary for every citizen to keep their account protected and the majority of hacking operations occur as a result of weak protection.
He pointed out that "the community police played a major role in reaching the perpetrators, by receiving calls from victims via hotlines." Regarding the role of the Cybercrime Division in this file and how to catch those involved, Abbas said, "Our role is represented by the technical aspect by proving or denying the extortion operation by classified judicial experts licensed by the Iraqi judiciary." He stressed that the division possesses modern, advanced and high-level devices to verify extortion operations and pursue those involved, as they can be reached and caught thanks to them.
How do you protect your account from hacking?
The expert in the field of network and social media protection, the means to protect accounts.
He explained that "the protection process begins first by linking the account to the user's mobile number, and it is preferable that it is not his personal number so that it is not known and the account can be accessed through it in the event that his mobile is stolen. The second step is to hide the email used to access the account or the number from the information appearing in the account, and it is preferable that the email is not the same as the personal email for the same reasons." He added that "all accounts are vulnerable to hacking if the mobile number linked to the account is known, as well as the email. The two-factor authentication feature must be activated for the email and social media account to prevent the hacker from being able to log in, as this feature requires entering a secret code that the user receives on the mobile number in the event that someone tries to log in to his account."