Prerequisites for the Realization of a Meritorious Media Trial System in the Light of the Principles of Public Law

Davoudi, Hadiseh; Esmaeili, Mohsen; Habibnezhad, Seyed Ahmad

doi:10.22034/mral.2024.2032857.1622

Prerequisites for the Realization of a Meritorious Media Trial System in the Light of the Principles of Public Law

Articles in Press

Document Type : Original Article

Authors

Hadiseh Davoudi ¹

Mohsen Esmaeili ²

Seyed Ahmad Habibnezhad ³

¹ Ph.D. Student in Public Law, Farabi Campus, University of Tehran, Iran, University Lecturer

² Associate Prof., Department of Private and Islamic Law, Faculty of Law and Political Science, , University of Tehran

³ Associate Prof., Department of Public and International Law, Faculty of Law, Farabi Campus, University of Tehran

10.22034/mral.2024.2032857.1622

Abstract

Media activity as one of the pillars of democracy in democratic societies, just as it is the basis for the realization of citizens' access to information, may also involve violation of rights and freedoms and lead to lawsuits in judicial authorities. However, criminal treatment of the media can disrupt their function in realizing freedom of expression and laying the groundwork for monitoring the government.

Examining media proceedings in the sense of judicial processes governing media lawsuits in Iran's legal system indicates legislative and judicial fragmentation. In such a way that both at the normative level we see the existence of numerous legislative authorities and scattered legal rules, and at the structural level, many judicial authorities that sometimes do not have the necessary expertise to deal with these claims.

Considering the function of the media in the light of public law, the present study examines the necessary prerequisites for the realization of a favorable media trial. In this regard, establishing comprehensive and up-to-date rules, predicting the structure and procedures of specific proceedings, restoring the fundamental guarantees governing media proceedings (including the presence of a jury and the mandatory presence of a lawyer in the proceedings) are the solutions that have been proposed to achieve this goal.

Keywords

Media

Media trial

Specializied trial

Procedure

Jury

Subjects