The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Censorship of Cinematic works of Masoud Kimiaei and Ali Hatami in the light of the Censorship law of 1980s of Iran

Document Type : Original Article

Authors
Amirhossein Salimian 1
vahid agah 2
Dr.Mohammad Jalali 3
1 Department of Public law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
2 .Department of Public and International law, Allameh Tabataba’i University, Tehran, Iran
3 . Department of Public law, Shahid Beheshti University, Tehran, Iran
10.22034/mral.2022.558222.1342
Abstract
After the Islamic revolution of Iran, the film censorship has also been applied by the government to cinematic works. In this article, based on the films of Kimiaei and Hatami, the ratio between the censorship of their films and the law of the 1980s has been analyzed and judged. In the years 1979 to 1991, when the new legal system was being established and stabilized, laws and regulations were implemented in the field of cinema and film Censorship and four films by Kimiaei and Hatami were caught by the censorship blade. In Kimiai's film, "Red Line" was censorship for reasons such as not observing the hijab(Shari'a), presenting a different character from a Pahlavi government security officer, and the "Blade and Silk" film for different face of addiction and drug trafficking and depicting prisons. In Hatami's works, "Haji Washington" in order to present a comic picture of the Iranian ambassador in the Qajar period and criticism of the political diplomacy of the 1980s; and the movie "Jafar Khan returned from Abroad" have been banned due to the vulgar depiction of the conflict between tradition and Westernization. The cases that after reviewing the censorship of the films according to the legal standards of the time, were found to be unreasonable, and the censors of the 1980s, by passing the law of censorship the films,ordered the censorship of these works with extra-legal criteria, and the regulations for the supervision of the screening of films approved on 1965 and 1983, have been violated.

Highlights

Censorship of Films of Masoud Kimiaei and Ali Hatami in the light of the Censorship law of 1980s of Iran

Due to new legal system governing over cinema of Iran after Islamic Revolution, the censorship system in the early 1980's was very different With the new constitution including: right of free artistic expression as one of the types of freedom originated from victory of regime that its main slogan was freedom. Meanwhile, Ali Hatami, Masoud Kimiaei by having excellent record in the field of film making before Islamic Revolution and in spite of attempts for compatibility with new framework of cinema of Islamic Republic of Iran, was not able to free from strict censorship system. Generally, the strict censorship of films more than having legal aspect, had beyond legal aspect influenced by chaos social and political conditions of 1980's; meanwhile, persons in charge of censorship neglected that the purpose of film makers was only producing an artistic work with theme of social affairs.

 In the films of Masoud Kimiaei, The Red Line movie due to not observing Islamic hijab, showing different appearance of a security officer, Razor and Silk movie due to showing denigrate image of prisons and focusing on drug addiction, Haji Washington movie due to showing ironical image of ambassador of Iran and dedication of ambassador of Iran against USA, Jafar Khan Returned from Europe movie due to cultural influence of aliens in form of comedy and struggle of modernity, tradition and depending on Europe countries were censored due to beyond text reasons. Moreover, censorship system was incompatible with by-law of year 1965 and 1983 during 1980's. Generally, the movies of Ali Hatami and Masoud Kimiaei were faced with abuse of authorities of Ministry of Culture and Islamic Guidance due to weird social, political and cultural chaos during 1980's. Due to these ups and downs, theses film directors lost their energy and hope for producing good movies and the passed time is not compensated. The good consequence for these mistakes for applying strict censorship system and prevention of violation of rights of artists, we have offered 2 maximum and minimum recommendations including:

 From maximum and basic point of view and for compatibility with the constitution of Islamic Republic of Iran and observing artistic rights of film makers in cinema, the previous permission system for entering into films shall be eliminated and supervision system shall be replaced i.e. supervision through judicial authorities depending on having private plaintiff or public prosecutor and this issue is compatible with principles 22 and 25 of the constitution of Islamic Republic of Iran and guarantees for prevention of violating artistic rights including: Right of freedom of artistic expression and right of selecting artistic job; since, when film maker is faced with different censorship system apart from damaging to his right of freedom of artistic expression, gradually the film director is not able to make money and have to change his job; thus, the process of issuing film screening license and basically entrance of government to intervention and censorship before screening the film, is on the contrary of legal system of Iran.

 From minimal point of view, the available censorship system shall be amended at 2 levels:

First; A long, detailed and general list of censorship shall be shorten and clear and prevent from challenging the nature of films.   

Second, It is necessary for holding administrative court in House of Cinema consisting of board of maximum film directors, film producers, actors, actresses, scenario writers and other involving jobs with an agent of Ministry of Culture and Islamic Guidance and a law scholar recommended by guild union of cinema and confirmation of Ministry of Culture and Islamic Guidance for complaining to Film censorship within maximum one month upon observing fair justice principles and it is possible to start lawsuit for judgments issued by this quasi-judicial authority to Administrative justice court.

 

Keywords
: Cinema Law
film Censorship
Ali Hatami
Masoud Kimiaei
Art Law
Subjects
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Laws and Regulations:
- Islamic punishment Act, approved on Aug 9, 1983.
- Press Act approved on Mar 13, 1986.
- Public punishment Act, approved on May 28, 1973.
- Regulation on Supervision of the screening of films, slide and videos and issuing film screening licenses approved by the Cabinet in February 23,1983.
- Regulation on Supervision of the screening of films and slide approved in September 18,1965.
- The constitution of Islamic Republic of Iran approved on 1980.
The Journal of Modern Research on Administrative Law
Volume 4, Issue 13
Fourth year, 13th issue, Ů‘Winter 2022
Autumn 2022
Pages 141-165

  • Receive Date 21 July 2022
  • Revise Date 10 September 2022
  • Accept Date 24 September 2022