Challenges of Protecting Digital Rights in the Iraqi Constitution: Towards a Constitutional Framework for Safeguarding Privacy and Freedom of Expression in Cyberspace

Nagmaldeen, Asan Saad

doi:10.63677/jqlap.2025.166947.1484

Challenges of Protecting Digital Rights in the Iraqi Constitution: Towards a Constitutional Framework for Safeguarding Privacy and Freedom of Expression in Cyberspace

https://doi.org/10.63677/jqlap.2025.166947.1484

Volume 17, Issue: 2 part 1
Summer 2026

Pages 65-78

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Asan saad nagmaldeen

Kirkuk University-College of Law and Political Science

Abstract

This research explores the legal and constitutional challenges facing the protection of digital rights in Iraq, particularly those related to privacy and freedom of expression in cyberspace. With the increasing use of digital platforms across various aspects of life, there is a growing need to reconsider Iraq’s constitutional framework, which currently lacks explicit provisions ensuring the protection of these rights in the digital environment. The study analyzes the shortcomings of the 2005 Iraqi Constitution and assesses the consequences of this legal gap on the digital rights of citizens.
The research also presents a comparative analysis of selected international constitutional experiences that have successfully established legal protections for digital rights, focusing on adaptable principles relevant to the Iraqi context. The study concludes with a call for a comprehensive constitutional framework that effectively safeguards digital privacy and freedom of expression through legislative and constitutional reforms aligned with international standards and responsive to local challenges. It offers a set of legal and institutional recommendations aimed at bridging the constitutional gap and strengthening the rule of law in Iraq’s digital .space

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