In 2009, the Islamic Republic of Iran adopted the Publication and Free Access to Information
Act,23 which partially recognises the right to access information as guaranteed under
international law.24 The Act, however, includes broad exemptions which undermine its
effectiveness. For example, the Act includes restrictions on the publication of information that
causes disgrace, contravenes public decency, or promotes vice (Article 17). Additionally, the Act
fails to establish a clear appeal mechanism and the oversight body, the Commission for Free
Publication and Access to Information with a Secretariat, created by Chapter Five of the Act,
reportedly lacks independence as its members are all senior government officials representing
powerful public bodies, many of which have little or no commitment to transparency. 25 26
Restrictions on freedom of expression and the free communication of information and ideas in
Iran also apply online. For instance, the Criminal Cyber Law criminalises the publication of
information if it is considered to be against Islamic tenets or the Constitution, a disruption of
public or national security, or propaganda against the State. 27 28 The Cyber Criminal Code
Committee29 decides which websites are filtered or shutdown.30
Provisions under the 1986 Press Law, the 2013 Islamic Penal Code, the 2009 Free Access to
Information Act, and the Criminal Cyber Law which restrict the free communication of
information and ideas are ambiguous and vaguely defined, which grant broad discretion to
Iranian authorities for interpretation and implementation. These ambiguous provisions are
inconsistent with international standards which stipulate that restrictions must be narrowly
defined, pursue a legitimate aim, conform to the strict tests of necessity and proportionality and
be compatible with Article 19(3) of the International Covenant on Civil and Political Rights,
both online and offline.31
These vague legal restrictions have effectively allowed for the violation of the right to freedom
of expression in the Islamic Republic of Iran. While it is difficult to find an accurate number of
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/
24 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
25 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/
26
See more: NGO joint submission to the Human Rights Committee, 2020, Article 19, Small Media, Human Rights Activists in
Iran, Impact Iran, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42315_E.pdf
27 See more: Article 19, https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf
28 See also : Volunteer Activists, https://volunteeractivists.nl/en/wp-content/uploads/2018/10/Civil-Society-in-Iran-and-itsFuture-Prospects-pdf.pdf
29 “The Cyber Criminal Code Committee consists of the following Ministers: Education, Communication and Digital
Information, Judiciary, Intelligence, Culture and Islamic Guidance, Science and Research, as well as Islamic Propaganda
Organization, the head of IRIB (Iran’s Broadcasting Company), the Police Force Chief, a representative of Parliament (delegated
by the legal and judiciary committees of Parliament) and an expert on digital and internet sciences (also delegated by
Parliament).” See more: https://volunteeractivists.nl/en/wp-content/uploads/2018/10/Civil-Society-in-Iran-and-its-FutureProspects-pdf.pdf
30 The Committee has a list of filtered online items on the Iran’s Cyber Police’s website,
31 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
23
3