Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/73/398 para 34
Full recommendation:
The Special Rapporteur calls upon the Government to uphold the fundamental human rights of
freedom of opinion and expression and to repeal all laws and policies which criminalize or
restrict online expression, with online content to be restricted only by independent and impartial
judicial decisions.
Assessment using Impact Iran human rights indicators1
The right to freedom of expression, recognized under Article 24 of the Constitution of the
Islamic Republic of Iran, is guaranteed only as long as it is not “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 the exercise is deemed “injurious to others” or “detrimental to public
interests.” Similar broad and vaguely defined provisions restrict the right to freedom of
expression online, notably the crimes of “dissemination of lies” or the offence to “public
morality and chastity.”2
The revised version of the Islamic Penal Code,3 adopted in 2013, maintains numerous provisions
which criminalize the exercise of the right to freedom of expression, association and peaceful
assembly, in contravention of international human rights law and standards. To name a few,
under the Penal Code, the establishment or leadership of a group that “aims to perturb the
security of the country” is criminalized,4 as well as a variety of acts considered as propaganda5 or
conspiracy against the state (which has been interpreted to include peaceful protests).6
Encouragement to “violate public morals”7 as well as satire are also penalized.8 Similar vaguely
worded provisions punish acts such as swearing at9 or insulting10 “the Great Prophet of Islam” as
well as “sowing corruption on earth”11 with the death penalty.
1
CCCPR.19.1.S.1.; CCPR.19.2.S.1.; CCPR19.2.S.2; CCPR.19.2.P.2.; CCPR.19.2.P.2.; CCPR.19.2.P.3; CCPR.19.1.O.1.;
CCPR.19.2.O.1.; CCPR.19.2.O.2.; CCPR.19.2.O.5.
2
“Islamic Republic of Iran: Computer Crimes Law,” ARTICLE19, 2012. https://bit.ly/1RecP6R
3
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
4
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
5
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
6
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
7
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
10
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 286 Islamic Penal Code 2013
1