Communication (Journalism) Honours Thesis at Deakin University, Australia Faculty of Arts and Education June
Press Law after the Revolution of 1979
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Dissident Iranian Journalists are not We
Press Law after the Revolution of 1979
Communists and other anti-kingdom and anti-western parties publications were under pressure and control during Pahlavi’s period. However, as Daryoush Homayoun - the journalist and the late prime minister of Tourism in Pahlavi II – said in an interview with the BBC Persian ‘Sometimes journalists were forbidden to write for a while, but it was never the case that the newspaper was shut down by the government order or a journalist was dismissed ’. He added that there was always a way in which the press could open speak out … Government officials had a good relationship with the press and wanted to attract them. Politically, the press at that time did not understand what they were doing. With shaping the Islamic revolution, the press hurt themselves most of all. (Ghavam M, 2010, BBC Persian, ‘Hasasiyat hay-e Matbuati-e Wasted Lives 9 Shah Che Boud? ’ 28 January 2010). However, the events after the Islamic Revolution showed that censorship of media and other forms of publications such as books, cassettes, videos, movies, and social media could be even much worse than before. The first Press Law after the revolution was approved by Parliament in 1980 after Ayatollah Khomeini’s controversial speech ‘Break the Pens’. However, it was not sufficiently clear and accurate so it was changed in 1985 and then amended further in 2000. However, in Iran’s Press Law, assaulting the Supreme Leader of the revolution, the clergy, Islam, the prophet of Islam, all twelve saints of Shia and their families, and government officials was a crime. Furthermore, many other actions were also considered as ‘against national security’ and ‘acting against the Islamic Revolution ’ and were forbidden. According to Press Law 1985 some of the forbidden subjects are: • Discussing the conflict instead of the expression of the conflict and differences between men and women through non-Sharia law. • To publish any atheistic and anti-Islamic material that is harmful to the Islamic Republic of Iran. • Prostitution and the dissemination of photographs and images contrary to public chastity. • The promotion of lavishness and luxury. • To quote parties and anti-Islam oppositions (both domestic and foreign). • Publication of articles against the principles of the Constitution. • To insult the authorities, institutions, organisations, and any individuals or legal entities in the country who were religiously respected - even by publishing photographs or cartoons of them. While the list of ‘forbidden’ is long and limiting, it was still very ambiguous. There was a lack of a clear definition of some legal terms such as ‘media crime’, ‘Press Court’, ‘blasphemy’, ‘acting against the Islamic revolution’, and ‘acting against the national security’. There is no clear guidance in the press law and the Constitution to determine what kinds of actions could be interpreted as ‘insulting the Supreme Leader’, ‘insulting Islam’, and ‘acting Wasted Lives 10 against the security of the regime ’. Many journalists have been arrested over these actions (Alipour, 2017, ‘Azadi-e Matbuat in Iran’, Reporters without Borders, 18 December). For example, it is unclear why questioning the Supreme Leader is insulting. Since 1989, when Ali Khamenei became the Supreme Leader of Iran, no media has been allowed to interview him. Furthermore, why is asking a question about the occupations and assets of the Supreme Leader or his sons insulting? Why is challenging the veil of women, or writing about the equal rights of women and men, an act against Islam and the security of the regime? Another clear example of the lack of freedom of the press is the ‘Press Supervisory Board’. The Press in Iran is supervised by this board. Its members are all government and religious authorities or chosen by the government and religious authorities. There is no independent journalist or institute in Iran. Many lawyers believe that the inter-relationship between ‘political crime’ and ‘press crime’ is the main problem with the press law in Iran (Tavasoli & Ghasemi 2017). Different judicial authorities have different interpretations and perceptions of these two terms in different places and different times. There is a great deal of historical evidence that shows that the Press Court or the Revolution Court sometimes make two completely different judgments for a similar press charge. Emadeddin Baghi, an editor-in-chief who was in Evin Prison for two years, supports this: ‘It has often been seen that for a specific and unified action, at different times, the court issued different - even contradictory - judgments. Thus, this shows that these sentences are not so much legal but political ’ (Amouee 2016, p.69). In many cases, while the lawyer of a journalist might consider his or her client guiltless with respect to the press law, the court interrogator might believe that the published article is an exemplar of ‘propaganda against the regime’. Furthermore, the prosecutor often believes that the article, in addition to being ‘propaganda against the state’, is an act ‘against national security ’, ‘insulting officials’, or ‘disseminating lies’. In other words, one press article can have different legal interpretations (M M, 2016. Deutsche Welle, ‘Mohakeme Se Ruzname Negar dar Dadgah e Enghelab ’, March 8). With respect to Iran’s Press Laws, ‘punishment’ for offenders includes ‘stopping the publication, cancellation of the license, deprivation of press activity, imprisonment, the lash, ban on writing, exile, small or large fines, and execution ’ (Iran Press Law, Chapter Six, Crimes. Articles 26, 27, 28, 31, 35). Since 2009, after the controversial election of Mahmoud Ahmadinejad which ended in massive protests across the country (the Green Movement), the Wasted Lives 11 government has arrested and imprisoned dozens of journalists and bloggers with charges such as ‘acting against national security’, ‘acting against the Islamic Revolution’, ‘insulting the Supreme Leader ’, and ‘moral corruption’ (Mina 2007, p. 10). In 2017, Iran was one of the five largest prisons in the world for media activists (Human Rights Watch 2017; Reporters Without Borders 2017). Because of the extremely difficult conditions of prisons and the deprivation of prisoners, many prisoners - including journalists – have little choice but to go on hunger strikes for their most basic demands. At least ten journalists’ lives were threatened in this situation (Committee to Protect Journalism, 2018; Reporters Without Borders, 2017). Hengameh Shahidi, an Iranian journalist and supporter of the Green Movement, has been - and continues to be - imprisoned frequently since 2009 and has been forced to go on a hunger strike many times to gain access to her lawyer (Voice of America [VOA] 2017). Vahid Sayadi Nasiri died in prison after 60 days of a hunger strike. He was a human right activist through social media. In Iran, the worst scenario for dissident journalists and bloggers is death after torture and rape. According to the Committee to Protect Journalist (2018) and Reporters Without Borders (2019), since 1992 the torture and killing of ten people has been verified: Ebrahim Zalzadeh (editor-in-chief of Meyar proiodical), Omidreza Mirsayyafi (journalist and blogger), Sattar Beheshti (blogger), Zahra Kazemi (Iranian-Canadian photojournalist), Saeed Soltanpour (writer and poet), Alireza Eftekhari (journalist), Simon Farzami (Iranian Jewish journalist), Ali Asghar Amirani (editor-in-chief of Khandani ha proiodical), Hoda Saber (journalist and activist), and Rahman Hatefi (editor-in-chief of Keyhan newspaper). On February 7, 2019, the organisation Reporters Without Borders announced that it had access to an official document issued by the Islamic Republic of Iran's Judiciary. This showed that at least 860 journalists and citizen-journalists were arrested, detained, and executed between 1980 and 2010. According to this document, journalists have been arrested and imprisoned with charges such as ‘acting against domestic security’, ‘propaganda against the Islamic Republic’, ‘cooperation with foreign agents’, and ‘espionage’. Other charges such as ‘insulting the Islamic sanctuaries ’ and ‘insulting the Supreme Leader of the Islamic Republic or the founder of the regime ’ have also been used to arrest journalists and citizen journalists. In the document, the names of 1,700,000 people have been registered as being ‘dissident’ by the Islamic Republic of Iran's Judiciary (Deutsche Welle, 2019, ‘Efsha-ye Parvande Ghazaee ba Yek Million v 700 Hezar Naam ’, February 7). |
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