Seyed Mohammad Sadegh Ahmadi; Alireza Naseri; Morteza Ghasem Abadi
Abstract
According to the extremity-centered attitude of human, freedom of expression is
a requirement for the individual independence of human being as an essential
end, so the restrictions on which should be determined within the framework of
the essential exception. Freedom stands in the realm of the natural ...
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According to the extremity-centered attitude of human, freedom of expression is
a requirement for the individual independence of human being as an essential
end, so the restrictions on which should be determined within the framework of
the essential exception. Freedom stands in the realm of the natural rights and
restricting it in any manner is against that essential right. In the current age,
television can undoubtedly be utilized as one of the most powerful media in the
service of freedom of expression. However, at the same time, mal-use of this
device can offend both public and private rights. Therefore, restricting the
domain of activities for the TV channels is essential. In this regard, the
international documents of human rights have set restrictions for TV. The
Iranian legal system considers some restrictions for this matter too, some of
which are compatible with those prescribed in the international documents of
human rights and some others such as the Islamic rules and standards cannot be
found in any other international documents as the restrictions on freedom of
expression. It seems that the Guardian Council's interpretations of Articles 44
and 175 of the constitution are a kind of additional constraint on the freedom of
expression. In this paper, by conducting a comparative analysis on the said
documents, we analyze the restricions on form and nature of the freedom of
expression in the Islamic Republic of Iran’s Broadcasting Corporation