Document Type : Original Article
Highlights
The realization of freedom of speech and opinion as one of the most important ideals of human societies is due to the growth and development of communication tools that have grown day by day with the development of the printing industry, and since then, the freedom of these tools has become The title is considered as an example of freedom of expression. Based on the principle of freedom of expression, any type of expression through the media, including print and electronic media, especially the contents that are published, is free and the exercise of this right must be done freely. This freedom implicitly includes the absence of any extreme interference by governments in exercising this right, and this right is usually guaranteed in constitutional laws or ordinary laws.
Regarding the need or lack of government intervention in the form of a licensing system for the dissemination of information by the people of a society, the practice of democratic governments is that there is no legal barrier for individuals to express themselves in the form of publishing books, magazines, works of art, etc. There is no requirement to obtain permission from governments, and government intervention is proposed at the next stage in order to prevent individuals from abusing this right. On the other hand, freedom of expression is not an absolute right but has limitations. Therefore, respecting the rights of other people as well as maintaining the order and security of the society can be a license for government intervention in the form of posterior supervision in the field of book printing. In other words, "individuals and groups, apart from any pressure and restrictions and knowing that the abuse of the right will lead to civil or criminal liability, have the initiative to enjoy the recognized basic rights and freedoms without the institution keep the administrative staff up to date with their actions. As long as the exercise of this right goes through its normal routine, the government has no right to interfere. Interference begins when individuals and institutions with rights do not observe the legal limits that are established to maintain public order and other social considerations. It is in this case that the judicial system, based on specific criteria, intervenes and prosecutes violators of the rules related to public order and violators of the rights of others, and if the crime or violation is proven, they are sentenced to punishment or compensation.
In Iran, the policy-making bodies in the field of book publishing are the Supreme Council of the Cultural Revolution and the implementing body of these policies is the Ministry of Culture and Islamic Guidance. "The Law of Objectives and Duties of the Ministry of Culture and Islamic Guidance" approved on 13/12/1366 by the Islamic Council has established a licensing system in the field of books.
The purpose of this research is to examine the current system of government supervision and book licensing in Iran in order to guarantee the realization of freedom of expression and the free flow of thoughts and opinions. Also, solutions to improve the current situation are suggested.
The current research is of descriptive-analytical type, which is done by studying documents and scientific researches and documentary evidence. For this purpose, the principle of freedom of publication and its status in Iran's legal system are discussed first. Then, according to the method of censorship and audit in the field of book publishing, the numerous regulatory bodies in this field in Iran and the approvals of each of them, the procedure for issuing book publishing licenses and violations and punishments in the field of publishing and publishing. It is being discussed. In each case, an effort is made to show the shortcomings and damages.
According to Article 24 of the Constitution, there is an exception to the principle of freedom and restrictions in the field of book publishing, a procedure that is followed in practice. In Iran, there is a strict two-stage licensing system. In addition to the printing license, each book must also receive a publishing license. It is also possible to confiscate the book at any stage. In some cases, the prohibited titles of the book are very general and interpretable. The commissions for dealing with publishers' violations do not have sufficient independence from the Ministry of Guidance, so the procedure for dealing with publishers' violations is not in accordance with the principles of fair proceedings. To correct the current situation, it is necessary to pay attention to the following:
A- The fundamental rights and freedoms of the publishers as well as the limitations of the freedom of publishing and publication should be specified by the Islamic Council of the Islamic Council in line with Article 24 of the Constitution, because the freedom of publishing and publishing is in the ranks of fundamental freedoms and the limits of this freedom should be determined according to the law of the Parliament. The Islamic Council should be determined.
B- In order to comply with Iran's obligations in the field of protecting the right to freedom of expression according to Article 19 of the International Covenant on Civil and Political Rights, as well as to comply with its internal laws in the field of the right to freedom of expression, especially Article 24 and Article 168 of the Constitution:
C- The criteria given by the Supreme Council of Cultural Revolution as the criteria for banned books in Iran are very general and in many cases ambiguous, which gives a wide expediency authority to the authorities in charge of issuing licenses.
