The Criminal Approach to Combating Noise Pollution via Social Media

Abstract

Abstract: Noise pollution through social media is considered one of the emerging phenomena resulting from technological development and the widespread expansion of digital interactions. Noise pollution is no longer limited to the traditional environment; rather, it has taken new forms embodied in disturbing audio clips, intrusive advertisements, and content of an aggressive or unethical nature that is disseminated across electronic platforms. This research examines the phenomenon from a criminal law perspective, with the aim of defining its conceptual framework, identifying its manifestations and characteristics, distinguishing it from other related behaviors, and clarifying its psychological, social, and health impacts. The study also seeks to analyze the substantive basis for criminalization by examining the constituent elements of digital noise pollution and identifying the forms of criminal liability arising from it, whether at the individual level or for legal entities. The findings conclude that noise pollution via social media poses a genuine threat to public order and societal tranquility, especially given the shortcomings of current legislative frameworks in addressing it explicitly. Accordingly, the research recommends the inclusion of specific criminal provisions that clearly criminalize such acts, in addition to raising public awareness of the dangers of this phenomenon, in a manner that achieves a balance between freedom of expression and the protection of the right to public tranquility. © 2023 TUJR, College of Law, Tikrit University