Legal Regulation of the Phenomenon of Electronic Blackmail Via Social Media Platforms

Abstract

Electronic blackmail is a modern crime that emerged with the advent of technology, representing an antisocial behavior contrary to societal values and culture, and in violation of the law. This is particularly true as it has taken a more dangerous turn due to the modern revolution in the world of technology and information science, where some have exploited this technology to infringe upon the privacy of others and threaten them with what demeans them or places them in a difficult social position. Given the inherent difficulties in investigating, researching, and establishing criminal proof to reach the perpetrator of this crime through the use of social media and the blackmailer's demand for money, a comprehensive understanding of the crime is required. This includes the technical aspects related to computers, telephones, and the internet, which, when misused, generate actions with serious negative repercussions due to the abuse of advanced technology and deviation from its intended purposes. This misuse has manifested in the proliferation of a novel criminal phenomenon: cybercrimes. Consequently, legal regulation of the phenomenon of electronic blackmail occurring via social media platforms, and its impact on the victim's psyche and the anxiety they endure, becomes imperative. This is a matter that we have observed in the Iraqi Penal Code No. 111 of 1969, which does not explicitly mention the term "blackmail" within its punitive provisions. Instead, it is inferred from its effects and considered a form of threat – that is, actions that inherently constitute forms of blackmail or a means employed by the blackmailer to obtain private information about the victim. Furthermore, Law No. (6) of 2008, the Law on Preventing the Misuse of Communication Devices in the Kurdistan Region of Iraq, penalizes those who misuse these devices and prohibits them from affecting individuals' freedoms, disclosing their personal secrets, and violating morality, public order, and public decency.