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”.5 These restrictions fail to meet requirements of international
standards that limitations are necessary and proportionate, and in pursuit of one of a limited
number of narrowly-drawn legitimate aims, per Article 19 of the ICCPR. This grants authorities’
significant discretion to impose overbroad and vague restrictions on individuals’ rights in
violation of the country’s international human rights obligations.
The revised version of the Islamic Penal Code,6 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,7 as well as a variety of acts considered as propaganda8 or
conspiracy against the state (which has been interpreted to include peaceful protests).9
Encouragement to “violate public morals”10 as well as satire are also penalized.11 Similar
vaguely worded provisions criminalize acts such as swearing at12 or insulting13 “the Great
Prophet of Islam” as well as “sowing corruption on earth”,14 for which the punishment is death.
The authorities frequently resort to these provisions in order to intimidate, arrest and
prosecute individuals who peacefully exercise their rights to freedom of expression, association
and assembly including journalists and media workers, trade unionists, and lawyers. 15 16 17 18
5
“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
7
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
10
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
12
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
13
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
14
Article 286 Islamic Penal Code 2013
15
See more : ARTICLE 19, Small Media, Human Rights Activists in Iran, Impact Iran, Human Rights Committee, 129th session
6
(Geneva) 29 June – 24 July 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42315_E.pdf
16
See more: Iran Human Rights, https://www.iranhr.net/en/reports/23/
17
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/controlled-and-pursued-labor-activism-incontemporary-iran/
18
See more: Ensemble Contre la Peine de Mort, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420WEB.pdf
2