Simone Lawson
Iran's constitution, established in 1979, guarantees freedom of expression and assembly, but in practice, the government heavily restricts these rights. The constitution states that publications and the press have freedom of expression except when there is infringement of the basic tenets of Islam or public rights. However, what constitutes permissible speech under Islam is highly debated, and the government has broad powers to censor and restrict speech. The Press Law, for instance, prohibits publishing content deemed prejudicial to Islamic codes or insulting to Islam, and the government has blocked websites, slowed internet speeds, and jammed foreign satellite broadcasts. The government has also suppressed protests, barred students from school for their political views, and subjected journalists, protesters, and dissidents to arbitrary detention, torture, and unfair trials.
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What You'll Learn
- The Iranian Constitution states that Publications and the press have freedom of expression with certain exceptions
- The Press Law restricts the individuals who may own or operate a media outlet
- The Press Law also expands the constitution's constraint on freedom of expression
- The Iranian regime is notorious for shutting down any form of protest, even if peaceful
- The Constitution of the Islamic Republic of Iran concerns itself with the Rights of the People
The Iranian Constitution states that Publications and the press have freedom of expression with certain exceptions
The Iranian Constitution does mention freedom of expression, but it is subject to certain exceptions. The Constitution states that "Publications and the press have freedom of expression except when there is infringement of the basic tenets of Islam or public rights." This means that while Iranians do have some freedom of expression, it is limited by what is considered acceptable under Islam and what might be seen as infringing on the rights of the public. This has resulted in journalists, writers, academics, and students being punished or censored for their speech or expression.
The Iranian government has been criticised for suppressing freedom of expression and for failing to uphold the laws that are written in its own constitution. The country's laws are open to broad interpretation, and this ambiguity has allowed the government to restrict and censor speech and expression. The Press Law, for example, prohibits publishing atheistic articles, content that goes against Islamic codes, or statements against the Constitution. It also restricts who can own or operate a media outlet. These restrictions go beyond what is outlined in the Constitution and further limit freedom of expression in Iran.
The Iranian Constitution also states that public gatherings and marches may be held freely, as long as arms are not carried and the gathering is not detrimental to the fundamental principles of Islam. However, in practice, the Iranian regime is known for shutting down any form of protest, even peaceful ones. This includes the well-known protests in November 2019, where unarmed civilians were met with riot police, tear gas, and live bullets.
The Iranian government has also been accused of using the death penalty as a tool of political repression against protesters, dissidents, and ethnic minorities. In addition, there have been reports of arbitrary executions, unfair trials, and cruel and inhuman punishments such as flogging and amputation. The government has also blocked websites, slowed down internet speeds, and jammed foreign satellite broadcasts, further restricting access to information and freedom of expression.
Overall, while the Iranian Constitution does mention freedom of expression, the government has imposed many limitations and restrictions on this right, and there is a lack of clarity and broad interpretation of what constitutes acceptable expression.
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The Press Law restricts the individuals who may own or operate a media outlet
The Iranian Constitution, established following the Islamic Revolution, is based on the belief in one God, with exclusive sovereignty and the right to legislate. The Constitution mentions freedom of expression in Article 24, which states:
> Publications and the press have freedom of expression except when it is [an] infringement of the basic tenets of Islam or public rights.
However, the Press Law, last amended in 2009, expands the constitution's constraints on freedom of expression. It prohibits the publication of atheistic articles, content prejudicial to Islamic codes, insults to Islam and its sanctities, offending senior Islamic jurists, and publishing statements against the Constitution, among other restrictions.
The Press Law also restricts the individuals who may own or operate a media outlet. To obtain a permit, a person must be an Iranian citizen, at least 25 years old, and not bankrupt due to their own mistake. The law is open to broad interpretation and arbitrary application, with vague restrictions on "discourse harmful to the principles of Islam" or "the public interest". This lack of clarity allows officials to censor, restrict, and take offence.
The Supervisory Press Board, which is dominated by members of the executive branch of the government, is neither independent nor impartial, and its rulings are not subject to judicial review. The Board has the power to order the closure of newspapers, which has sparked debate over whether this contravenes the provisions of the Constitution, which should take precedence. The Press Court, which hears cases involving press violations, often charges publications with vague offences such as "insulting Islamic principles" and "agitating the public", which are not mentioned in the Press Law.
Since President Khatami took office in 1997, Iran's conservative-dominated judiciary has suspended or closed at least 52 newspapers and magazines, targeting the so-called reformist press in Iran, which generally backs Khatami's agenda of social and political liberalization.
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The Press Law also expands the constitution's constraint on freedom of expression
The Constitution of Iran establishes the country as an Islamic Republic, with sovereignty held exclusively by God, and whose laws are based on divine revelation. The Iranian Constitution does mention freedom of expression, but it is limited. It states that "Publications and the press have freedom of expression except when it is where there is infringement of the basic tenets of Islam or public rights."
The Press Law, last amended in 2009, expands upon the constitution's constraint on freedom of expression. It prohibits the publication of atheistic articles, content that goes against Islamic codes, content that propagates luxury and extravagance, insults directed at Islam and its sanctities, offences towards senior Islamic jurists, quotes from the "deviant press, parties, and groups that oppose Islam", and publishing statements against the Constitution. The Press Law also restricts who can own or operate a media outlet. To obtain a permit, an individual must be an Iranian citizen, at least 25 years old, and not bankrupt due to their own mistake.
The Press Law has been criticised for its lack of clarity and broad interpretation, which gives officials ample opportunity to censor, restrict, and take offence. The law's sweeping prohibition of "discourse harmful to the principles of Islam" or "the public interest" is open to interpretation and arbitrary application. This makes it challenging for journalists and editors to know what is permissible, and the limits of acceptable speech are difficult to predict.
The powers of the Supervisory Press Board, which can order the closure of newspapers, have also been called into question. Iranian legal scholars argue that this contravenes the constitution's provisions and have called for a revision of the Press Law to ensure impartial, transparent judicial control over the regulation of constitutional freedoms.
The Iranian government's attempts to impose its ideology on universities and state institutions have resulted in restrictions on freedom of expression. This includes actions against public morality, such as "violating public decency" and targeting individuals with religious beliefs not acceptable to the revolutionary government. The ambiguous nature of these restrictions makes it challenging to determine the boundaries of free expression in Iran.
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The Iranian regime is notorious for shutting down any form of protest, even if peaceful
The Iranian Constitution does mention freedom of expression, but it is restricted by the tenets of Islam and public rights. The Press Law, last amended in 2009, further limits freedom of expression by prohibiting the publication of atheistic content, content that goes against Islamic codes, or content that insults Islam and its sanctities.
Despite the Iranian Constitution's recognition of the right to peaceful assembly and demonstration, the Iranian regime has a history of shutting down protests, even those that are peaceful. In 2018, for example, widespread peaceful protests that began in Mashad and spread to over 20 cities across the country were met with repression by security forces, resulting in 21 reported deaths and hundreds of arrests in Tehran alone.
More recently, in 2022, protests sparked by the death of 22-year-old Mahsa Amini while in custody of the morality police swept across Iran. Amini had been arrested for allegedly violating Iran's strict rules requiring women to wear a hijab. While the protests presented a serious challenge to the Iranian authorities, they were met with a deadly crackdown by security forces, with at least 530 protesters killed and almost 20,000 detained, according to Iran's Human Rights Activists News Agency (HRANA).
The Iranian government's response to these protests has been widely criticized by human rights organizations, which have called on Iran to end its crackdown on peaceful protesters and uphold the rights of its people, especially women and girls. The heavy-handed response by the Iranian regime, including the use of lethal force and mass arrests, indicates a continued restriction of freedom of expression and the right to protest.
While there have been recent signals from the Iranian government of a potential shift towards a more permissive protest law, the reality is that peaceful protests continue to be shut down and protesters face harsh punishments. The Iranian regime's consistent disregard for the constitutional right to peaceful assembly and its failure to uphold international human rights law demonstrate its intolerance for any form of dissent, even when expressed through peaceful means.
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The Constitution of the Islamic Republic of Iran concerns itself with the Rights of the People
The Constitution of the Islamic Republic of Iran does concern itself with the Rights of the People. However, it is important to note that the Iranian regime has been notorious for shutting down any form of protest, no matter how peaceful. For instance, during the demonstrations in November 2019, unarmed civilians were met with riot police, tear gas, and live bullets.
Chapter 3 of the Constitution of the Islamic Republic of Iran specifically concerns the "Rights of the People". Article 27 of the Constitution states that "Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam". In short, peaceful demonstrations that do not go against the principles of Islam are permitted. However, the Iranian government has been known to suppress any form of protest or opposition, and the laws are open to broad interpretation and arbitrary application.
The Press Law, last amended in 2009, expands the constitution's constraint on freedom of expression. It prohibits publishing atheistic articles, content that goes against Islamic codes, insulting Islam, offending senior Islamic jurists, and publishing statements against the Constitution. The Press Law also restricts who can own or operate a media outlet, requiring them to be Iranian citizens above the age of 25.
The Iranian Constitution also states that "Publications and the press have freedom of expression except when there is an infringement of the basic tenets of Islam or public rights". This uncertainty in the limits of acceptable speech makes it difficult to predict what is permissible under Islam, and the government has been known to punish individuals for their speech and impose strict limitations on what may be discussed in print or online media.
The Supervisory Press Board, which is dominated by members of the executive branch of the government, has the power to order the closure of newspapers. However, this has been debated as possibly contravening the provisions of Article 168 of the Constitution, which concern the function of press courts. Iranian legal scholars have argued for the revision of the Press Law to ensure that all proceedings against the press are dealt with in courts of justice rather than through administrative channels.
In conclusion, while the Constitution of the Islamic Republic of Iran does include provisions for the Rights of the People, including freedom of expression and assembly, the government has been known to suppress these rights and enforce vague and arbitrary restrictions.
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Frequently asked questions
Yes, the Iranian constitution mentions freedom of expression. However, it is restricted by Islamic law and the government's interpretation of it.
The Iranian constitution states that "Publications and the press have freedom of expression except when there is an infringement of the basic tenets of Islam or public rights." The Press Law, which was last amended in 2009, further expands the constitution's constraints on freedom of expression. It prohibits publishing atheistic content, insulting Islam, offending senior Islamic jurists, and publishing statements against the constitution.
The Iranian government has been known to suppress freedom of expression, particularly when it goes against their interests. They have blocked websites, slowed down internet speeds, and jammed foreign satellite broadcasts. They have also barred students from attending school for their political views and expression of free speech. The government's actions indicate that they fear freedom of expression and resort to drastic measures to prevent it.
