Restrictions on the Freedom of Press; International Human Rights’ Legal System versus Islamic Republic of Iran’s Legal System



This paper offers an argument on the incompatibility of restrictions on the principles of freedom of press in Iranian legal system vis international human rights legal system. Due to such incompatibility, Iran faces many challenges by the international institutions. Accordingly, the objective of this paper is to provide an understanding about the reasons and origins of this dilemma and tries to offer possible theoretical solutions. The paper tackles the issue from the standpoint of the restrictions on the freedom of press embedded in Constitution of Islamic Republic of Iran. It will first evaluate the conformity of the regulations of the Iranian Press Law with that of the Constitution. It will then, study the current principles, as formal and figural restrictions, and how these restrictions are being imposed and followed by the press. In addition, it describes the limitations pronounced in international and regional documents of human rights, as natural and intrinsic limitations, and shows the necessity of trying to make Iranian press law to be compatible with such international human rights legal system. Some of the findings indicate that the Iranian legal system has not been following the principles of the press restrictions totally. In addition, the compatibility of the intrinsic restrictions requires Iranian legal system to interpret them in accordance with documents of human rights