A basic legal framework on intermediary liability for copyright infringement is absent in Iraq's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Iraq's law and jurisprudence.

Art. 5 of the Regulations Governing the Sale of SIM Cards stipulates that, in order to lawfully purchase a SIM card and register it with the Communications and Media Commission (CMC), customers are required to provide their full name, telephone number, residential address, and other relevant identifying particulars.

It is reported that, in November 2024, the Ministry of Communications ordered the blocking of the Internet Movie Database (IMDb) and the streaming platform SoundCloud.

The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Iraq for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."

It is reported that the Communications and Media Commission (CMC) regulations lack clearly defined criteria for licensing approval. Nonetheless, several international news organisations have had their licences suspended in recent years. For example, in April 2020, the CMC suspended Reuters’ licence for three months. In February 2024, the head of the CMC blocked access to the National News Centre’s website on the grounds that it had not obtained a licence. However, in March 2024, the outlet successfully contested this decision before an Iraqi federal court, which ordered the site to be unblocked after it was demonstrated that the organisation was duly licensed by the Iraqi Journalists Syndicate.

It is reported that importers may be required to obtain ministerial authorisation for restricted goods, which include telecommunications equipment and compact discs.

It is reported that, in April 2023, the National Communications and Media Commission (CMC) of Iraq introduced new regulatory requirements for the approval of telecommunications and information technology equipment. All such equipment must comply with the relevant standards of the European Telecommunications Standards Institute (ETSI) and the Institute of Electrical and Electronics Engineers (IEEE), as well as Iraq’s national standards. The CMC requires applicants to submit an electronic application accompanied by comprehensive test reports demonstrating conformity with safety, electromagnetic compatibility (EMC), electromagnetic interference (EMI), and radio frequency (RF) requirements. In addition, a declaration of conformity (DoC) is also required. The CMC reserves the right to request a sample device for testing to ensure compliance. The relevant regulations could not be found online.

Iraq does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that on 12 September 2023, the Communications and Media Commission (CMC) of Iraq issued Decision No. 175/Q/2023, which constitutes the principal regulatory framework for licensing internet service providers (ISPs) operating within the Iraqi market. The decision classifies ISP licences into three categories: Category A for nationwide operators with comprehensive infrastructure capabilities; Category B for regional or governorate-level operators; and Category C for providers delivering services to end-users through licensed primary or regional operators. Licensees are required to meet minimum capital thresholds, with Category A necessitating IQD 2 billion (approx. USD 1.5 million), while Categories B and C are subject to proportionate requirements based on their classification and scope of service. However, the text of Decision No. 175/Q/2023 could not be located through publicly accessible online sources.

Iraq has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.

Iraq maintains a telecommunications regulator, the Communications and Media Commission (CMC). However, reports indicate that the Commission’s decision‑making processes are not fully independent of governmental influence. There is no clearly defined separation of powers between the CMC and the Ministry of Communications, and both institutions are subject to pervasive political interference. The CMC’s operations lack transparency and impartiality, and the body is vulnerable to undue political and commercial pressures. Regulatory decisions are neither transparent nor autonomous; rather, they are shaped by political and partisan interests as well as governmental directives.

Iraq has not joined any agreement with binding commitments to open transfers of data across borders.

Iraq lacks a unified framework for personal data protection and relies on sector-specific regulations. General obligations concerning privacy and confidentiality apply to key sectors, including finance, healthcare, telecommunications, and employment.

It is reported that telecommunications companies are required to retain user data, including call records, for a period of five years.