of vaguely worded offences such as the “dissemination of lies” and what is deemed to offend
“public morality and chastity.”6
The revised version of the Islamic Penal Code,7 adopted in 2013, maintains numerous provisions
which criminalise 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,8 as well as a variety of acts considered as propaganda9 or
conspiracy against the state (which has been interpreted to include peaceful protests).10
Encouragement to “violate public morals”11 as well as satire are also penalized.12 Similar
vaguely worded provisions punish acts such as swearing at13 or insulting14 “the Great Prophet of
Islam” as well as “sowing corruption on earth”15 with the death penalty.
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.16
In 2009, the Islamic Republic of Iran adopted the Publication and Free Access to Information
Act,17 which partially recognises the right to access information as guaranteed under
international law.18 The Act, however, suffers from shortcomings, including broad exemptions
which undermine its effectiveness. Some of the Act’s shortcomings include restrictions on the
publication of information that is deemed to cause disgrace or contravenes public decency or
promotes vice (Article 17). Additionally, the Act fails to establish a clear appeal mechanism and
the oversight body predicted under its provisions reportedly lacks independence. Chapter Five of
the Act creates the Commission for Free Publication and Access to Information with a
Secretariat to provide oversight and act as an appeals mechanism, however the Commission is
6
“Islamic Republic of Iran: Computer Crimes Law,” ARTICLE19, 2012. https://bit.ly/1RecP6R
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
8
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
10
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
12
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
13
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
14
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
15
Article 286 Islamic Penal Code 2013
16
See more: Article 19, https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf
17
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/
18
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
7
2