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."

Iraq has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Iraq lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Chapter 3‑bis of the Patents, Industrial Design, Undisclosed Information, Integrated Circuits and Plant Variety Law stipulates that natural and legal persons possess the right to lawfully retain information under their control and to prevent its unauthorised use or disclosure by others. Additionally, two conditions must be met for such information to qualify for protection: first, it must possess commercial value; and second, the owner must undertake substantive measures to maintain its confidentiality.

It is reported that there is an obligation in Iraq to share passive infrastructure for the provision of telecommunications services to end users, and that this is practiced in both the mobile and fixed sectors.

The government holds equity in selected telecommunications enterprises. Specifically, according to the National Investment Commission, a governmental authority, the Ministry of Communications (MoC) administers two state-owned entities: the Iraqi Telecommunications and Post Company (ITPC) and the State Company for Internet Services (SCIS).

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 is a party to the Patent Cooperation Treaty (PCT).

Iraq’s copyright regime, as outlined in Law No. 3 of 1971, relies on a closed list of statutory exceptions rather than a flexible fair use or fair dealing model, which restricts the scope for unlicensed secondary uses. Arts. 12 to 17 contain the main exceptions, including the use of works in non‑commercial educational or private settings, the making of a single copy for personal use, and the use of short quotations or extracts for educational, critical or informational purposes with attribution. Art. 15-bis introduces a three-step test-style limitation. Arts. 16 and 17 further allow news media to reproduce public speeches, supporting the circulation of publicly significant information in digital environments.

Iraq has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.