arrests in the context of the 27 December protests and issued opinions on what it considered
being arbitrary detentions. 10 11
The current Iranian legal framework permits repression of certain rights related to freedom of
expression. Article 24 of the Constitution of the Islamic Republic of Iran stipulates that
“Publications and the press have freedom of expression except when it is detrimental to the
fundamental principles of Islam or the rights of the public.” 12 The “fundamental principles of
Islam” or “the rights of the public” are not explicitly defined under Iranian law, granting Iranian
authorities’ significant discretion to interpret the law and impose overbroad and vague
restrictions on individuals’ right to freedom of expression in violation of the country’s
international human rights obligations.
Similarly, the revised version of the Islamic Penal Code,13 adopted in 2013, maintains numerous
provisions which criminalise the exercise of the right to freedom of expression and impairs the
freedom to seek, receive and impart information and ideas. For instance, the establishment or
leadership of a group that “aims to perturb the security of the country”, acts considered
propaganda14, and conspiracy against the state (which has been interpreted to include peaceful
protests)15 have been criminalized. 16 Encouragement to “violate public morals”17 and satire are
also penalized.18 Similar vaguely worded provisions also punish acts such as swearing at 19 or
insulting20 “the Great Prophet of Islam”, “sowing corruption on earth”, 21 with the death penalty.
The 1986 Press Law, amended in 2000, reiterates the Penal Code by providing content-based
restrictions on traditional and online media. For instance, 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 also prohibits publishing content on matters relating to atheism, concerning
national security, affecting the dignity of interests of the State, insulting Islam, or offending
religious officials, among others.22
10
UN WGAD, https://www.unwgaddatabase.org/un/Document.aspx?id=2764
UN WGAD, https://www.unwgaddatabase.org/un/Document.aspx?id=2832
12
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
13 The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
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 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
17 Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
18 Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
19
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
20 Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
21 Article 286 Islamic Penal Code 2013
22
See more: Article 19, https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf
11
2