Mehdi Zahedi; shirin sharifzadeh
Abstract
Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press ...
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Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press can be restricted. Some are of the opinion that these two rights are, in fact, not in conflict with each other but rather derived from the same social values seeking to protect each right. Common goals such as flow of cultural ideas or promoting creativity in the society causes interaction and synergy between the two. Idea-expression dichotomy by determining the scope of the copyright and distinguishing what belongs to the public domain, which is not a protected, will ensure a constructive interaction between the two and protects the public interest and dose not restrict freedom of expression. This article will discuss how to strike a balance between the public interest in freedom of expression and the private interests of the copyright owners without undermining the other. Idea-expression dichotomy as a counterbalance between these two rights is the cornerstone of this article.
Abstract
The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow ...
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The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow them via search engines and with the passage of time, different social stigma are not affixed to them. This right is not absolute and must be considered in conjunction with other rights such as freedom of expression and media freedom. Therefore, it is necessary, based on specific circumstances of each case, to determine, whether a deletion request is justified. This article, through a descriptive-analytic method, has studied this issue in the legal systems of the European Union, the United States, Iran and Imamia jurisprudence and concluded that in Iran, such right does not clearly exist and its legal recognition is necessary.
Hamed Babazadeh Moghadam; Abbas Assadi
Abstract
The internet is an important tool to support the right to freedom of expression; through facilitating publication, search, and access to information, it has prepared the ground for the application of this fundamental right. Today, there is no doubt that the development of the Internet and the continued ...
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The internet is an important tool to support the right to freedom of expression; through facilitating publication, search, and access to information, it has prepared the ground for the application of this fundamental right. Today, there is no doubt that the development of the Internet and the continued application of the new communication tool requires a developed and coherent legal system. In addition to supporting the fundamental freedoms of media, and avoiding possible abuses of this freedom, the expected legal system should be able to ensure cheap, sustainable and secure access to the media. This paper attempts to examine and study the most important issues of the legal system of news websites, including the regulations around such issues as establishment, monitoring, assessment, as well as blocking. The results of the study shows how despite the effective measure, the existing legal system for news websites is not efficient and cannot meet the current needs.
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
bagher ansari
Volume 16, Issue 43 , February 2015, , Pages 9-46
Abstract
Freedom of expression in regard to criticism directed toward government orpublic officials is faced with some challenges. On one hand, it reveals potentialor actual deficiencies and failures in their actions, decisions or institutions.Hence, it would be very constructive and beneficial to the public ...
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Freedom of expression in regard to criticism directed toward government orpublic officials is faced with some challenges. On one hand, it reveals potentialor actual deficiencies and failures in their actions, decisions or institutions.Hence, it would be very constructive and beneficial to the public interest. On theother hand, through criticism, there might be potential false or unprovedattributions which can be considered as defamatory, subversive or revolutionarystatements. This essay tries to elaborate the legal standards based oninternational experiences and Islamic law, which seems to be proper for makingbalance between political speeches and protection of reputation of publicofficials or public trust to government. For this purpose, in the first chapter,theoretical basis for extensive protection of political speeches and in the secondpart, balance-standards are identified and studied.
mehdi rezaei; hamed babazadeh moghadam
Volume 15, Issue 42 , January 2015, , Pages 43-82
Abstract
AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, ...
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AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, requireorganization through development of enforceable rules and regulations.Undoubtedly, to become effective process, it requires a true knowledge of thespecific characteristics of this media and new communication tools within thecontext of the society. In this essay– considering the current state of the internetand the possible changes that may occur in the short-term and regional andinternational experiences (UNESCO and European Council) – we attempted toidentify and introduce some principles for the codification of internet laws andregulations. It seems that these principles must be regarded in policy making.
