الحماية الجنائية من المحتويات الاصطناعية غير التوافقية – دراسة تحليلية مقارنة

Abstract

Confronting

the challenges posed by modern technologies to the legal system has become an urgent necessity to ensure the rule of law in the digital space just as it is in the physical world. While there are advanced international efforts to establish a robust legal framework to deter the misuse of technology—particularly sophisticated artificial intelligence tools—some countries, including Iraq, are still in the early stages of understanding the full scope of the issue. Nevertheless, there remains a valuable opportunity to benefit from the experiences of other nations, especially the French and Emirati legal systems, and to adapt these experiences in formulating appropriate legislative solutions tailored to the Iraqi context.This study emphasizes the importance of achieving a legislative balance that provides effective protection for individuals and society against harmful synthetic content, without compromising the guarantees of freedom of expression. This can be achieved through clear definitions of criminalized acts, explicitly excluding legitimate cases, and by introducing proportionate penalties. Undoubtedly, advancing the proposals of this research—particularly the suggested legal texts for the Iraqi legislator—will play a pivotal role in minimizing the misuse of AI technologies and deterring anyone who seeks to exploit them as tools for violating human dignity or societal security. As technology continues to evolve rapidly, the law must progress steadily to ensure that rights and freedoms remain protected, and that anyone who oversteps the boundaries under the guise of modern technology is held accountable, in pursuit of justice and the protection of society..