The revised version of the Islamic Penal Code,5 adopted in 2013, maintains numerous provisions
criminalizing the exercise of the right to freedom of expression, association and peaceful
assembly, in contravention of international human rights law and standards. For example, under
the Penal Code, the establishment or leadership of a group that “aims to perturb the security of
the country”,6 a variety of acts considered as propaganda7 or conspiracy against the state (which
has been interpreted to include peaceful protests) are criminalized.8 Encouragement to “violate
public morals”9, as well as satire, are also penalized.10 Similar vaguely worded provisions punish
acts such as swearing at11 or insulting12 “the Great Prophet of Islam” as well as “sowing
corruption on earth”13 with the death penalty.
These restrictions fail to meet requirements of international standards that limitations be
necessary and proportionate, and in pursuit of one of a limited number of narrowly-drawn
legitimate aims, per Article 19 of the ICCPR. Additionally, the restriction on freedom of
expression on the basis that it, for instance, offends public morality and chastity, is not a lawful
restriction as per Article 19(3) of the ICCPR. Overbroad restrictions, vaguely worded and
generic bans on freedom of expression are inconsistent with international standards.14
Similarly, the right to information is overbroadly restricted in the Islamic Republic of Iran. The
1986 Press Law, amended in 2000, provides content-based restrictions on traditional and online
media. Reports may only be published in pursuit of one of the five “legitimate objectives”,
including “to campaign against manifestations of imperialistic culture” or “to propagate and
promote genuine Islamic culture and sound ethical principles”. The law prohibits publishing
content on matters, among others, relating to atheism, against the national security, dignity of
interests of the State, insulting Islam or offending religious officials.15
In 2009, the Islamic Republic of Iran adopted the Publication and Free Access to Information
Act,16 which partially recognizes the right to access information as guaranteed under
international law.17 The Act, however, suffers from shortcomings, including broad exemptions
undermining its effectiveness. Some of the Act’s shortcomings include restrictions on the
5
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
7
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
10
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
12
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
13
Article 286 Islamic Penal Code 2013
14
UN Human Rights Committee (HRC), General comment no. 34, Article 19, Freedoms of opinion and expression, 12
September 2011, CCPR/C/GC/34 , available at: https://www.refworld.org/docid/4ed34b562.html
15
See more: Article 19, https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf
16
Iran: Review of the Publication and Free Access to Information Act 2009”, ARTICLE 19, September 2017, available at:
https://www.article19.org/resources/iran-review-of-the-publication-and-free-access-to-information-act-2009-2/
17
UN Human Rights Committee, General Comment No. 34 Article 19: Freedoms of opinion and expression, (2011), paras, 18 &
19, available at: http://www.refworld.org/pdfid/4ed34b562.pdf
6
2