plaint with the Regulation Organization and those
who can demonstrate that they will use broadband access for “legitimate” purposes may be
allowed to circumvent the ban. 13
Legal and regulatory frameworks
As with all print media under the Press Law,
Internet content providers are subject to two
complementary sets of requirements: they must
produce content within state-defined objectives
and they must refrain from producing statedefined types of illegal material. 14 Thus, through
the judiciary, parliament, and the executive bodies who all exercise the authority to make law,
content providers are encouraged to promote
genuine Islamic culture while being warned
against fomenting social discord or encouraging
dissent against state interests.
The legal status of blogs and Web sites in
Iran has been contested, but starting in 2006 the
government took additional steps to bring them
firmly in hand. First, framing regulations to systematize control and management of Internet
activity were issued by the government and
signed by the vice president on November 26,
2006. Second, the Bill of Cyber Crimes’
Sanctions (Cyber Crimes Bill) prepared by the
Judiciary’s Committee for Combating Cyber
Crimes on October 12, 2006, was slated to be
signed in to law by parliament; 15 this bill applies
to all forms of electronic writings and graphics
and generally any activity within the realm of
cyberspace.
The November 2006 regulations were a
response to a directive of the Supreme Cultural
Revolution Council (SCRC) to manage Internet
activity “while considering individual rights and
safeguarding Islamic, national and cultural values.” 16 The Ministries of Islamic Culture and
Guidance (MICG), Justice, and Information are
the main governmental bodies responsible for
leading this effort, and the MICG was given the
duty to create an infrastructure to systematize
management and stamp out illicit and immoral
content. 17 All activities of Web sites and blogs
that do not obtain a license from the MICG are
considered illegal. On January 1, 2007, the MICG
issued a notice requiring all owners of blogs and
Web sites to register by March 1, provide detailed
personal information, and abstain from posting
certain types of content. 18 An official from the
Telecommunications Ministry claimed that
enforcement would be impracticable. 19
The Cyber Crimes Bill makes ISPs criminally
liable for the content they carry, effectively shifting
the burden of censoring Web sites and potentially e-mail correspondence on to their shoulders.
Under the Cyber Crimes Law, ISPs that do not
abide by government regulations (including filtering regulations) may be temporarily or permanently suspended, depending on the graveness
of the offense, and their owners could face prison
terms. 20 Article 18 of the bill requires ISPs to
ensure that “forbidden” content is not displayed
on their servers, that they immediately inform law
enforcement agencies of violations, that they
retain the content as evidence, and that they
restrict access to the prohibited content. The bill
also includes provisions for the protection and
disclosure of confidential data and information as
well as the publishing of obscene content.
Until the introduction of the Cyber Crimes
Bill, the most relevant statute governing the activities of blogs and Web sites was the 2000 Press
Law. Although experts argued to the contrary,
through the Press Law electronic publications
were subsumed into the definition of press publications. 21 As such, Iranians were theoretically
required to first obtain a license to publish a Web
site or a blog and were subject to the Press Law.
Among the Press Law’s broad prohibitions on
speech are articles that prohibit “promoting subjects that might damage the foundation of the
Islamic Republic … offending the Leader of the
Revolution … or quoting articles from the deviant
press, parties or groups that oppose Islam
(inside and outside the country) in such a manner
as to propagate such ideas.” 22 Other provisions
294
Country Summaries
who can demonstrate that they will use broadband access for “legitimate” purposes may be
allowed to circumvent the ban. 13
Legal and regulatory frameworks
As with all print media under the Press Law,
Internet content providers are subject to two
complementary sets of requirements: they must
produce content within state-defined objectives
and they must refrain from producing statedefined types of illegal material. 14 Thus, through
the judiciary, parliament, and the executive bodies who all exercise the authority to make law,
content providers are encouraged to promote
genuine Islamic culture while being warned
against fomenting social discord or encouraging
dissent against state interests.
The legal status of blogs and Web sites in
Iran has been contested, but starting in 2006 the
government took additional steps to bring them
firmly in hand. First, framing regulations to systematize control and management of Internet
activity were issued by the government and
signed by the vice president on November 26,
2006. Second, the Bill of Cyber Crimes’
Sanctions (Cyber Crimes Bill) prepared by the
Judiciary’s Committee for Combating Cyber
Crimes on October 12, 2006, was slated to be
signed in to law by parliament; 15 this bill applies
to all forms of electronic writings and graphics
and generally any activity within the realm of
cyberspace.
The November 2006 regulations were a
response to a directive of the Supreme Cultural
Revolution Council (SCRC) to manage Internet
activity “while considering individual rights and
safeguarding Islamic, national and cultural values.” 16 The Ministries of Islamic Culture and
Guidance (MICG), Justice, and Information are
the main governmental bodies responsible for
leading this effort, and the MICG was given the
duty to create an infrastructure to systematize
management and stamp out illicit and immoral
content. 17 All activities of Web sites and blogs
that do not obtain a license from the MICG are
considered illegal. On January 1, 2007, the MICG
issued a notice requiring all owners of blogs and
Web sites to register by March 1, provide detailed
personal information, and abstain from posting
certain types of content. 18 An official from the
Telecommunications Ministry claimed that
enforcement would be impracticable. 19
The Cyber Crimes Bill makes ISPs criminally
liable for the content they carry, effectively shifting
the burden of censoring Web sites and potentially e-mail correspondence on to their shoulders.
Under the Cyber Crimes Law, ISPs that do not
abide by government regulations (including filtering regulations) may be temporarily or permanently suspended, depending on the graveness
of the offense, and their owners could face prison
terms. 20 Article 18 of the bill requires ISPs to
ensure that “forbidden” content is not displayed
on their servers, that they immediately inform law
enforcement agencies of violations, that they
retain the content as evidence, and that they
restrict access to the prohibited content. The bill
also includes provisions for the protection and
disclosure of confidential data and information as
well as the publishing of obscene content.
Until the introduction of the Cyber Crimes
Bill, the most relevant statute governing the activities of blogs and Web sites was the 2000 Press
Law. Although experts argued to the contrary,
through the Press Law electronic publications
were subsumed into the definition of press publications. 21 As such, Iranians were theoretically
required to first obtain a license to publish a Web
site or a blog and were subject to the Press Law.
Among the Press Law’s broad prohibitions on
speech are articles that prohibit “promoting subjects that might damage the foundation of the
Islamic Republic … offending the Leader of the
Revolution … or quoting articles from the deviant
press, parties or groups that oppose Islam
(inside and outside the country) in such a manner
as to propagate such ideas.” 22 Other provisions
294
Country Summaries