The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

No Date, No Signature: Administrative and Judicial Prohibition to Work for Artists in Iranian Law

Document Type : Original Article

Author
Assistant Prof., Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran / Iran
Abstract
One of the aspects of intervention of some governments for producing and supplying artistic works like Music, theater and cinema is censorship for the form and contents; nevertheless, in Iran this censorship is significantly obvious about artists that is so-called as Prohibition to Work for Artists i.e. the artistic works are not subject of censorship; rather the person who created such artistic work is prohibited to continue working and this phenomenon was accompanied with applying prohibition or limitation in occupation of artists since the victory of Islamic revolution in Iran up to now. In the present research, this issue is studied from legal point of view and the result show that legal references of licensing system of art in Iran does not have qualification for prohibiting artists apart from their artistic work. Thus, according to triplet principles of “nulla crimen sine lege and nulla poena sine lege and judicial investigation of them” and in compliance with acts and regulations, it is only possible to prohibit person form continuing his artistic work by complementary punishment and order of suspension of punishment, postponement of verdict and conditional freedom only through final written verdict of qualified judicial courts. Thus, prohibiting activity of artists by order of Ministry of Culture and Islamic Guidance in practice is null and void in legal system and is regarded as unlawful.
Keywords
Subjects

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Volume 2, Issue 3 - Serial Number 3
Second year, third issue, summer 2020
Summer 2020
Pages 93-117

  • Receive Date 16 July 2020
  • Revise Date 20 September 2020
  • Accept Date 10 August 2020