Similarly, the right to freedom of expression, recognized under Article 24 of the Constitution is
restricted if “deemed harmful to the principles of Islam or the rights of the public.” Article 40
further allows for restrictions of rights, including peaceful assembly, if their exercise is deemed
“injurious to others” or “detrimental to public interests.” Similar provisions restrict the right to
freedom of expression online through the criminalization of vaguely worded offences such as the
“dissemination of lies” and what is deemed to offend “public morality and chastity.”8 The 1986
Press Law and its subsequent amendments also significantly obstructs the right to freedom of
expression, in particular for the media.9 The law mentions that publications should “duly
[observe] Islamic criteria and the best interests of the community.” It also provides twelve
conditions under which the press might be censored, including “publishing heretical articles,”
“spreading fornication and forbidden practices,” and “propagating and spreading
overconsumption.”10
These restrictions are reiterated in the revised version of the Islamic Penal Code,11 adopted in
2013. For instance, those participating in peaceful unauthorized assemblies can be sentenced to
prison terms on the charges of “gathering and colluding to commit crimes against national
security” (Article 610 of the Islamic Penal Code),12 “forming a group composed of more than
two people with the purpose of disrupting national security” (Article 498) 13 and/or “membership
of a group with the purpose of disrupting national security” (Article 499). Other criminal charges
include “spreading propaganda against the system,” 14 conspiracy against the State,15
encouragement to “violate public morals”16 as well as satire.17 Similar vaguely worded
provisions criminalize acts such as swearing at18 or insulting19 “the Great Prophet of Islam” as
well as “sowing corruption on earth”20 with the death penalty.
All the restrictions aforementioned fail to meet requirements of international standards, including
the principles of legality and that limitations must be necessary, proportionate and in pursuit of
one of a limited number of narrowly-drawn legitimate aims.21 Consequently, the current Iranian
legal framework grants authorities’ significant discretion to impose overbroad and vague
restrictions on individuals’ rights in contravention of the Iran’s international human rights
8
“Islamic Republic of Iran: Computer Crimes Law,” ARTICLE19, 2012. https://bit.ly/1RecP6R
The Press Law and its subsequent amendments up until 2002 is available at : http://irandataportal.syr.edu/press-law
10
Iranian Press Law, Article 6.
11
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
12
The new Islamic Penal Code was introduced in 2013 for an experimental period of five years and was revised in 2016. See the
most updated version of the Islamic Penal Code here on the website of the Iranian parliament:
http://rc.majlis.ir/fa/law/print_version/845048
13
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
14
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
15
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
16
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
17
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
18
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
19
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
20
Article 286 Islamic Penal Code 2013.
21
Article 19, International Covenant on Civil and Political Rights
9
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