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Ley de Prensa, Irán (República Islámica del)

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Detalles Detalles Año de versión 1986 Fechas Entrada en vigor: 19 de marzo de 1986 Adoptado/a: 19 de marzo de 1986 Tipo de texto Legislación relacionada con la PI Materia Derecho de autor Materia (secundaria) Otros

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 Press Law 1986

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Press Law

Press Law (Ratified on March 19, 1986)

In the Name of God,

the Compassionate, the Merciful

"Let us swear by the pen and whatever is written..." (Holy Quran)

Publications and news media shall enjoy freedom of expression provided what they

publish does not violate Islamic principles or the civil code. The details shall be

outlined by the law. (Article 24 of the Constitution)

Chapter 1: Definition of the Press

Article 1: In this law, "press" means publications which are published regularly

and under a permanent name, date and serial numbers on different subjects such as

news, commentary, as well as social, political, economic, agricultural, cultural,

religious, scientific, technical, military, and artistic matters, sports, etc.

Note: Extraordinary editions shall be published only by such publications which are

published regularly.

Chapter 2: Mission of the Press

Article 2: The following constitute the objectives of the press in the Islamic

Republic of Iran:

a. To enlighten public opinion and increase the level of their knowledge on one or

several topics mentioned in Article 1.

b. To advance the objectives outlined in the Constitution of the Islamic Republic.

c. To endeavor to negate the drawing up of false and divisive lines, or, pitting

different groups of the community against each other by practices such as dividing

people by race, language, customs, local traditions, etc.

d. To campaign against manifestations of imperialistic culture (such as

extravagance, dissipation, debauchery, love of luxury, spread of morally corrupt

practices, etc.) and to propagate and promote genuine Islamic culture and sound

ethical principles.

e. To preserve and strengthen the policy of "Neither East nor West".

Note: Each publication should at least enforce one of the above goals and such a

goal must in no way be in conflict with the other goals specified above or with the

principles of the Islamic Republic.

Chapter 3: Rights of the Press

Article 3: The press have the right to publish the opinions, constructive criticisms,

suggestions and explanations of individuals and government officials for public

information while duly observing the Islamic teachings and the best interest of the

community.

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Note: Constructive criticism should be based on logic and reason and void of insult,

humiliation and detrimental effects.

Article 4: No government or non-government official should resort to coercive

measures against the press to publish an article or essay, or attempt to censure and

controlling the press.

Article 5: The press are lawfully permitted to acquire and disseminate domestic

and foreign news aimed at enhancing public awareness by taking into consideration

the best interests of the community and by observing the provisions of the existing

law.

Chapter 4: Limits of the Press

Article 6: The print media are permitted to publish news items except in cases

when they violate Islamic principles and codes and public rights as outlined in this

chapter:

1. Publishing atheistic articles or issues which are prejudicial to Islamic codes, or,

promoting subjects which might damage the foundation of the Islamic Republic;

2. Propagating obscene and religiously forbidden acts and publishing indecent pictures and issues which violate public decency;

3. Propagating luxury and extravagance;

4. Creating discord between and among social walks of life specially by raising

ethnic and racial issues;

5. Encouraging and instigating individuals and groups to act against the security,

dignity and interests of the Islamic Republic of Iran within or outside the country;

6. Disclosing and publishing classified documents, orders and issues, or, disclosing

the secrets of the Armed Forces of the Islamic Republic, military maps and

fortifications, publishing closed-door deliberations of the Islamic Consultative

Assembly or private proceedings of courts of justice and investigations conducted by

judicial authorities without legal permit;

7. Insulting Islam and its sanctities, or, offending the leader of the Revolution and

recognized religious authorities (senior Islamic jurisprudents);

8. Publishing libel against officials, institutions, organizations and individuals in the

country or insulting legal or real persons who are lawfully respected, even by means

of pictures or caricatures; and

9. Committing plagiarism or quoting articles from the deviant press, parties and

groups which oppose Islam (inside and outside the country) in such a manner as to

propagate such ideas (the limits of such offenses shall be defined by the executive

by-law).

Note: Plagiarism means intentional ascription of all or a considerable part of the

works and words of others to one's own, even in the form of translation.

Article 7: The following activities are banned:

a. Printing and publishing a publication without a license and a publication whose

license has been cancelled, or, one which has been temporarily or permanently

closed down by a court order.

b. Publishing a publication the greatest part of whose items are incongruous to

subjects which the applicant has undertaken to publish.

c. Publishing a publication that may be mistaken in name, symbol or format for the

existing publications or those which have been temporarily or permanently closed

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down.

d. Publishing a publication without mentioning the name of its license holder and

the legally responsible director or the address of the publication and its printing

house.

e. Publishing and printing houses, distribution and sales departments of

publications are not permitted to publish and distribute publications which the Press

Supervisory Board deems to be in violation of the principle stipulated in this by-law.

Chapter 5: Qualifications of the Applicant and Stages of Issuing a License

Article 8: It is permissible to publish publications under the responsibility of real

or legal persons with Iranian capital after obtaining a license from the Ministry of

Islamic Culture and Guidance.

Note: Those publications which are published by Islamic liberation movements of

other countries may be published with non-Iranian capital and directorship within the

framework of the regulations governing expatriates in Iran and upon the approval of

the ministries of Islamic Culture and Guidance and Foreign Affairs.

Article 9: A real person who applies for a license must have the following

qualifications:

1. Be a citizen of Iran;

2. Be at least 25 years old;

3. Be free of incapacity, or, bankruptcy by fraud or guilt;

4. Be free of moral corruption, or, a record of criminal conviction which,

according to the Islamic code, strips him/her of social rights; and

5. He/she must possess at least a bachelor's degree, or, have completed basic

seminary education verified by the Press Supervisory Board as mentioned in

Article 10 of the by-law.

Note 1: An applicant for a publication license should introduce

himself/herself or another qualified person as a legally-responsible

director for the publication as outlined in this article.

Note 2: For internal publications published and distributed free of

charge by government or private organizations, institutes and

companies merely for the information of their employees only a permit

from the Ministry of Islamic Culture and Guidance would suffice

provided the provisions of Article 2 of this law are observed.

Note 3: One cannot publish more than one publication under a single

license.

Note 4: The license holder is responsible for the general policies of the

publication and the responsibility for any article published by the

publication or any other affairs related to the publication lies with its

managing director.

Note 5: Prime ministers, ministers, governors general, army, police

and gendarmerie commanders, heads of government departments,

managing directors and chairmen of the boards of government

companies and banks, Majlis and Senate deputies, ambassadors,

governors, mayors, heads of city councils in Tehran and provincial

capitals, members of SAVAK (the former Shah's intelligence agency),

heads of departments of Rastakhiz Party (of the former regime) in

Tehran and provincial capitals and towns, those affiliated to the former

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regime who held similar posts from 15 Khordad 1342 (June 5, 1963)

to 22 Bahman 1357 (Feb. 11, 1979) or those who have publicly

spoken in favor of the former regime through the news media, radio or

TV, are prohibited from publishing a publication.

Article 10: The Press Supervisory Board shall consist of devoted Muslims who

possess the required scientific and moral competence and are committed to the

Islamic Revolution as follows:

a. One of the judges of the state Supreme Court as elected by the Supreme

Judiciary Council.

b. Minister of Islamic Culture and Guidance or his fully authorized representative.

c. A Majlis deputy as elected by the Majlis.

d. A university professor appointed by the Minister of Culture and Higher

Education.

e. One of the press managing directors as elected by the press.

Note 1: Two months after this law, the Press Supervisory Board shall be formed for

a period of two years. For subsequent terms it shall be formed one month before the

expiration of the earlier term upon the invitation of the Ministry of Islamic Culture and

Guidance.

Note 2: The sessions of the Press Supervisory Board shall be considered valid upon

the presence of two-thirds of the members and the decisions shall be valid and

binding if adopted by the absolute majority.

Note 3: After due investigation, the Press Supervisory Board will forward its

comments to the Minister of Islamic Culture and Guidance for implementation.

Note 4: The Ministry of Islamic Culture and Guidance is responsible for calling and

organizing the election meeting related to paragraph E and, those mentioned in

paragraphs A, B and C will have the right to examine and approve the qualifications

of the election nominees. This law shall become effective after its ratification

(Appendix dated 22 June, 1986).

Article 11: The Press Supervisory Board is responsible for examining applications

for press licenses and the competency of the applicant and the managing director.

Article 12: The Press Supervisory Board shall examine press violations directly,

or, upon the request of the Minister of Islamic Culture and Guidance and, if

necessary, it may file written requests for legal proceedings at competent courts.

Article 13: Three months after receiving an application for a press license, the

Press Supervisory Board must determine the competence of the applicant or the

responsible managing director by close observation of the provisions of the present

law and it must announce its acceptance or rejection to the Ministry of Islamic

Culture and Guidance, citing related reasons and evidence. The Ministry of Islamic

Culture and Guidance is required to issue a press license to the applicant not later

than two months after receipt of the approval of the Press Supervisory Board.

Article 14: In case a managing director happens to lack the qualifications

specified in Article 9, or he/she dies or resigns, the license holder is bound to

introduce another qualified managing director within a maximum period of three

months to the Ministry of Islamic Culture and Guidance. Otherwise his/her

publication shall be banned. Meanwhile, as long as the qualification of the managing

5

director has not been approved, the license holder shall be responsible for the

publication and the liabilities of the managing director.

Article 15: The Press Supervisory Board shall announce its acceptance or

rejection of the managing director within a maximum period of three months after

the matter has been forwarded to it by the Ministry of Islamic Culture and Guidance.

Article 16: The license holder is bound to publish his/her intended publication

within six months after receipt of his/her license. Otherwise he/she will receive a

written warning and a 15-day respite to publish his/her magazine/newspaper.

Should, after this warning, the license holder fail to present a plausible excuse for

failure to publish, his/her publication license shall be revoked. Meanwhile, failure to

regularly publish a publication within a year without plausible excuse, too, shall

result in the cancellation of the license (upon the discretion of the Press Supervisory

Board).

Note: Publications published on an annual basis (such as year books) shall be

exempt from the above ruling but should the license holder fail to publish the

magazine after one year his/her license shall be revoked.

Article 17: licenses issued on the basis of the previous regulations for the

existing publications shall continue to be valid provided three months after the

enforcement of this law the license holder takes steps to adapt himself/herself with

the provisions of this law.

Article 18: Each issue of a publication should bear the name of the license

holder, managing director, office address and the address of the printing house

where the publication is printed. Moreover, the publication must insert its field of

activity (religious, scientific, political, economic, literary, artistic, etc.) and its order

of appearance in a fixed page and column. Printing houses are also required to

comply with this article.

Article 19: Publications are permitted to publish commercial advertisements for

products and services whose qualities have been officially verified by one of the

recognized research centers in the country, by complying with the provisions of

Article 12 of the regulations covering the establishment and supervision of the

method of operation of advertising organizations, and its related paragraphs.

Note: In cases where according to the above article, the press is allowed to publish

advertisements including remarks in praise of goods and services, such remarks may

go beyond the remarks specified in official commendation letters issued by legal

authorities referred to in this article.

Article 20: Every newspaper or magazine must procure sealed ledgers,

according to the law, and record all its expenditures and revenues in them and

submit an annual balance sheet covering its revenues and expenditures to the

Ministry of Islamic Culture and Guidance. The Ministry of Islamic Culture and

Guidance shall inspect these financial ledgers whenever it deems appropriate.

Note: Every month all publications are required to provide the Ministry of Islamic

Culture and Guidance with statistics on their monthly circulation, in writing.

Article 21: Managers of printing houses in Tehran and provincial towns are

required to forward two copies of their publications to the Ministry of Islamic Culture

and Guidance, regularly and free of charge.

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Article 22: Entry to and exit from the country of publications shall be in

accordance with the basis of religious codes and the Constitutional law of the Islamic

Republic.

The regulations covering entry and exit of publications to and from the country shall

be formulated within six months by the Ministry of Islami Culture and Guidance and

shall be ratified by the Islamic Consultative Assembly.

Chapter 6: Violations

Article 23: Should a publication publish articles containing insult, libel and false

statements, or, criticize individuals (real or legal persons), the concerned party shall

have the right to forward a response to the same publication in writing within a

period of one month. Upon receipt, the publication is obligated to publish, free of

charge, such responses and explanations in one of the two subsequent issues on the

same page and column, and in the same font in which the original article had

appeared, provided that the response does not exceed double the size of the article

and does not insult or libel anybody.

Note 1: If the publication publishes additional matters or explanations beside the

complainant's response, the latter has the right to protest again. Meanwhile,

publishing a part of the protester's reply in such a manner that it might render the

response incomplete or ambiguous, or, adding additional topics to the reply is

considered tantamount to non-publishing of the reply and the full text of the

response must be published in a single issue.

Note 2: The response received from candidates during elections must be published

in the first issue of the publication provided the reply is delivered to the newspaper

against receipt at least 6 hours before it goes under print.

Note 3: In case a publication refuses or fails to publish the response, the

complainant shall have the right to complain to the public prosecutor. Should the

matter be verified by the public prosecutor, he will send a written warning to the

publication to publish the reply. However, should such a warning fail to produce the

desired effect, the prosecutor shall send the case to the court for action after issuing

an order for temporary suspension of the publication in question and such a

suspension shall not exceed 10 days.

Article 24: Those persons who publish confidential military documents and

orders, and secrets of the Islamic Revolutionary Guards Corps (IRGC), or, maps of

military installations and fortifications during war or peace time in the press, shall be

handed over to the court for trial according to pertinent regulations.

Article 25: If a person, through the press, expressly and overtly instigates and

encourages people to commit crimes against the domestic security or foreign policies

of the state, as specified in the public penal code, and should his/her action bear

adverse consequences, he/she shall be prosecuted and condemned as an accomplice

in that crime. However, if no evidence is found on such consequences he/she shall be

subject to a decision of the religious judge according to Islamic penal code.

Article 26: Whoever insults Islam and its sanctities through the press and

his/her guilt amounts to apostasy, shall be sentenced as an apostate and should

his/her offense fall short of apostasy he/she shall be subject to the Islamic penal

code.

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Article 27: Should a publication insult the leader or Council of leadership of the

Islamic Republic of Iran or senior religious authorities (top Islamic jurisprudents), the

license of the publication shall be revoked and its managing director and the writer of

the insulting article shall be referred to competent courts for punishment.

Note: Attending to crimes mentioned in articles 24, 25, 26 and 27 need not be

based on a complaint by a private party.

Article 28: Publication of indecent pictures and materials that offend public

decency is prohibited and is subject to Islamic punishment and insistence on

publishing such pictures and materials would lead to tougher punishment and

cancellation of the publication's license.

Article 29: Publication of closed-door deliberations of the Islamic Consultative

Assembly (Majlis) and courts of justice, or, of investigations conducted by

intelligence and judiciary authorities disclosure of which is forbidden by law, is

prohibited. Should a publication violate this ruling it shall be treated by the Islamic

penal code and by a religious judge.

Article 30: Publication of any article containing slander and libel and use of

invective language and derogatory allegations, etc. against individuals is prohibited

and the guilty managing director shall be referred to judiciary authorities for

punishment. legal proceedings would follow if, the injured party lodges a complaint

against such offenses. However, should the complainant withdraw his/her complaint

the prosecution would stop at whatever stage it might be.

Note 1: In the above circumstances the complainant (real or legal person) may

lodge a complaint at a competent court and demand compensation for the damage

inflicted on him/her as a result of publication of an offensive article and the court

should attend to the complaint and issue a proper judgment.

Note 2: If the said publication offends a dead person but the offense also affects the

survivors of the deceased, each of the legal heirs of the dead person may file a

complaint, according to the above article and note, from penal and legal points of

view.

Article 31: Publication of articles that threaten to harm or disgrace a person or

disclose his/her confidential affairs is prohibited and the guilty managing director

shall be introduced to judiciary authorities and punished according to the Islamic

penal code.

Note: With regards to articles 30 and 31, as long as the matter is under

investigation the publication has no right to publish anything about the issue under

investigation. In case of violation, the public prosecutor must issue an order for the

temporary suspension of the publication before the investigation is completed. The

suspension shall cover the first issue after receipt of the court order and should the

publication repeat the offense the court shall ban the publication as long as the court

has not issued its ruling.

Article 32: If an individual falsely introduces himself/herself as a license holder

or managing director of a publication, or, attempts to publish a paper without a

license, he/she shall be prosecuted by a religious judge.

The provisions of this article also apply to those license holders whose licenses have

been revoked by the law or those managing directors of the press who have been

stripped of their position by the law.

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Article 33: Should a publication falsely imitate the name or emblem of another

publication even with slight changes in the original logo or name in such a way which

may mislead the reader, it shall be banned and the offender shall be handed over to

an Islamic court. Prosecution and punishment of such an offense is subject to a

complaint by an injured private party.

Article 34: Crimes attributed to the press shall be examined by competent

courts in the presence of a jury.

Article 35: The executive by-law of the present law shall be prepared within a

maximum period of six months by the Ministry of Islamic Culture and Guidance and

shall be ratified by the Council of Ministers.

Article 36: Upon the ratification of this law all contrary regulations shall be

considered as null and void and the Ministry of Islamic Culture and Guidance shall be

responsible for its execution.

The above law consisting of 36 articles and 23 notes was ratified in the open session

of the Islamic Consultative Assembly (Majlis) on Thursday March 13, 1986, and by

the Council of Guardians of the Constitution on March 17, 1986.


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N° WIPO Lex IR027