The Crime of Child Exploitation in Online Pornography under Iraqi and Iranian Law: A Comparative Legal Study

Abstract

The exploitation of children in online pornography represents one of the most serious contemporary forms of sexual abuse because digital technologies facilitate the production, storage, reproduction, transmission, and repeated circulation of exploitative material across national borders. This study examines the legal regulation of child exploitation in online pornography under Iraqi and Iranian law and evaluates the adequacy of the criminal protection afforded to child victims in both legal systems. The study adopts a descriptive-analytical and comparative approach, focusing on the concept and forms of online child pornography, the material and mental elements of the relevant offences, criminalized forms of conduct, sanctions, procedural safeguards, victim protection, compensation, and preventive measures. The findings indicate that Iraqi law addresses child sexual exploitation through a combination of general provisions concerning public morality, indecent material, prostitution, and juvenile protection, but lacks a sufficiently comprehensive and specialized framework covering all forms of online child pornography. By contrast, Iranian law provides more specific protection through legislation that expressly criminalizes several forms of sexual exploitation involving children and adolescents, including the production, distribution, reproduction, display, sale, possession, storage, and electronic circulation of obscene or indecent material, as well as certain forms of sexual communication with children in cyberspace. Despite this relative legislative advantage, both legal systems continue to face challenges concerning digital evidence, cross-border investigation, rapid removal of illegal material, confidentiality of child victims, psychological rehabilitation, and compensation for continuing harm. The study concludes that effective legal protection requires an integrated child-centered framework combining precise criminalization, specialized cybercrime investigation, victim-sensitive procedures, psychological and social support, compensation, preventive mechanisms, and stronger judicial and technical cooperation between Iraq and Iran.