C. The Special Rapporteur further urges the Government to amend or rescind law,
policies, and parliamentary measure that contravene freedom of expression and
that restrict access to information, including online information.
The right to freedom of expression, recognized under Article 24 of the Constitution of the
Islamic Republic of Iran is guaranteed only as long as it is not “deemed harmful to the principles
of Islam or the rights of the public.” Article 40 further allows for restrictions of rights, including
peaceful assembly, if the exercise is deemed “injurious to others” or “detrimental to public
interests.” Similar broad and vaguely defined provisions restrict the right to freedom of
expression online, notably the crimes of “dissemination of lies” or the offence to “public
morality and chastity.”22
The revised version of the Islamic Penal Code,23 adopted in 2013, maintains numerous
provisions which criminalize 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,24 as well as a variety of acts considered as propaganda25
or conspiracy against the state (which has been interpreted to include peaceful protests).26
Encouragement to “violate public morals”27 as well as satire are also penalized.28 Similar
vaguely worded provisions punish acts such as swearing at29 or insulting30 “the Great Prophet of
Islam” as well as “sowing corruption on earth”31 with the death penalty.
Restrictions on the right to freedom of expression extend to the right to information and to the
press and media, as mentioned above. The 1986 Press Law provides content-based restrictions
on traditional and online media which significantly impact the information made available to the
public.32
In 2009, the Islamic Republic of Iran adopted the Publication and Free Access to Information
Act,33 which partially recognizes the right to access information as guaranteed under
22
“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
24
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
25
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
26
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
27
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
28
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
29
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
30
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
31
Article 286 Islamic Penal Code 2013
32
See more: Article 19, https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf
33
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/
23
4