The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Monitoring the approvals of the Supreme Council of Cyberspace in the legal system of the Islamic Republic of Iran

Document Type : Original Article

Authors
kosar Pirniya 1
mohammadamin abrishamirad 2
1 Public Law Department. Human Science Faculty. Semnan University. Semnan. Iran.
2 Public Law, Human science Faculty, Semnan University, Semnan, Iran
10.22034/mral.2022.549602.1286
Abstract
With the increasing use of the Internet and cyberspace, several countries decided to organize cyberspace. Hence The Supreme Council of Cyberspace was established in 2011 by the decree of Ayatollah Khamenei for decision-making and policy-making in the field of cyberspace. In recent years, the council has adopted several legal rules in the field of cyberspace. Given the extensive powers of the High Council of Cyberspace in formulating binding regulations and creating various rights and duties for citizens, this article seeks to answer the question of the necessity, obstacles and possible ways to monitor the decisions of the High Council of Cyberspace in What is the legal system of Iran? In the present study, in a descriptive-analytical format, it was concluded that although factors such as the ambiguity of the nature of the decisions of the High Council of Cyberspace and the necessity of publishing the resolutions of this council, prevent monitoring the decisions of the High Council of Cyberspace, but by removing these obstacles and Considering the need to monitor these resolutions, the people, the jurists of the Guardian Council, the Supreme Leader and the Court of Administrative Justice should provide the ground for monitoring the resolutions of this council, and the procedures contrary to this finding need to be corrected.

Highlights

Monitoring the approvals of the Supreme Council of Cyberspace in the legal system of the Islamic Republic of Iran

Kosar pirnia[1]

Mohammad Amin Abrishami Rad[2]

Due to the multiplicity and dispersion of authorities in the field of cyber space and the necessity of centralized management of that, on 3/7/2012 by the decree of the leadership of the Supreme Council of Cyber Space, it was established in order to make policies and decisions and coordinate between them.

The necessity of government’s intervention in the field of virtual space caused  forming different organizations to make rules. Following the announcement of the general policies about computer information networks by the Supreme Leader, the Supreme Council of the Cultural Revolution approved the rules and regulations about those policies in 2001. In these resolutions, the observance of civil rights in social, cultural and technical issues was emphasized. Because of multiplicity and dispersion of authorities, the Supreme Council of Cyber Space was established by the decree of The Supreme Leader on 2012. In order to make policies, it makes decisions and coordinate between related issues. This council is formed under the presidency of the president and all its approvals must have legal effects.

For a long time, Supervision was a key point that has occupied the minds of public law researchers. Nowadays, monitoring is considered as one of the most important components and characteristics of modern governments. The monitoring these approvals deals with two important obstacles: 1- The ambiguity of the approvals and the lack of clarity about their nature and position in Iran's legal system. 2- The lack of public publication of the approvals. These 2 challenges are substantial. They make the monitoring process much more difficult. They might have some negative effects on basic civil rights. It is in conflict with the other principles and rules that are exsisting in the legal system of the Islamic Republic of Iran.

It's a fact that the Supreme Council of Cyber Space enacts forceable rules in Iran's legal system. So all executive bodies and the judicial system must follow them. this research intends to search about the possibility of supervision on approvals and the ways of it.

There are some different ways of monitoring in Iran's legal system, including public monitoring (Article 8), Shariah supervision (Article 4), observation by supreme leader (Article 57) and judicial supervision (Article173). According to the Article 4 of the Constitution, Sharia's rules must "apply absolutely and generally to all articles of the Constitution as well as to all other laws and regulations". the Guardian Council's jurists have the authority to exercise Sharia supervision over the approvals of the Supreme Council of Cyberspace. Also, according to the general competence of the administrative justice court to supervise "government statutes" (Article 173), that court must supervise the regulations approved by the Supreme Council of Cyberspace.

As a result, monitoring all regulations and provisions is one of significant components of democratic society. With this process, all citizens can make sure that their rights are guaranteed and they have one place to follow the justice.

 

[1]. Graduated Master of Public Law, Semnan university, Semnan, Iran.

[2]. Assistant prof. ,Department of Public law,  Semnan university, Semnan, Iran. (Corresponding  auther) Abrishamirad@semnan.ac.ir

Keywords
Cyberspace
Supreme Council of Cyberspace
Approvals of the Supreme Council of Cyberspace
Being in the rule of law. Court of Administrative Justice
Subjects

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The Journal of Modern Research on Administrative Law
Volume 5, Issue 17
Fifth year, 17th issue, Winter 2023
Autumn 2023
Pages 367-391

  • Receive Date 07 March 2022
  • Revise Date 05 May 2022
  • Accept Date 07 July 2022