A book is considered one of the most important tools for the transmission and dissemination of ideas. Therefore, one of the important measures of freedom of expression in a society is the freedom of individuals to express their thoughts and beliefs in the form of a book. Like all human rights and freedoms, freedom of expression is also faced with limitations, which in civilized societies based on the law, can only be enforced through the law.

Like other fundamental rights and freedoms, freedom of expression also holds a special place in international legal documents. For example, in Article 19 of the Universal Declaration of Human Rights, it is stated: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Similarly, Article 19 of the International Covenant on Civil and Political Rights also addresses this fundamental right in a similar manner: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

In the legal system of Iran, some aspects of freedom of expression have been addressed to an acceptable extent; however, unfortunately, in the constitution, this right is not independently protected beyond certain aspects such as freedom of the press and media in expressing opinions (Article 24 of the Constitution). It would have been appropriate for freedom of expression to be recognized and protected as a fundamental right, just as the right to hold beliefs is recognized and based on that, the inspection of beliefs is prohibited (Article 23 of the Constitution). Beyond that, the most important principle is Article 24 of the Constitution, which states: “The press and media are free to express opinions, unless they violate the principles of Islam or public rights. The details are determined by law.” This can be considered the main principle of freedom of expression and is only applicable to the press and media, and it appears that this freedom is not protected for other means of conveying thoughts (such as books). However, it is better to look

But what has happened in practice in the legal system of Iran in the field of books, is not legislation by the sole legislative authority – which is the Islamic Consultative Assembly – but rather the establishment of regulations by the Supreme Council of the Cultural Revolution under the title “Objectives, Policies and Regulations of Book Publishing”. This was first approved in session number 149 of the aforementioned council on 20/02/1367 and then amended in session number 660 on 24/01/1389. Aside from the content of this “pseudo-law” – which will be discussed in more detail below – the interference of the Supreme Council of the Cultural Revolution in the exclusive legislative authority of the Assembly goes against multiple principles of the Constitution and violates the principle of separation of powers. It should be noted that according to Article 58 of the Constitution: “The exercise of legislative power is carried out through the Islamic Consultative Assembly, which is composed of representatives elected by the people, and its decisions,

Despite all of these characteristics, the reality is that unfortunately, the rules of book publishing and the scope of freedom of expression in this field are currently determined by Resolution No. 660 of the Supreme Council of the Cultural Revolution dated 24/01/1389. This resolution, which apart from its content, even in terms of form, has little resemblance to a law, initially dealt with slogan-like recommendations regarding freedom of expression and protection of this legal right – of course, without any guarantee of implementation. However, in the continuation, restrictions and limitations were imposed on the exercise of freedom of expression in the field of book publishing, and broad interpretations, ambiguous interpretations, and sometimes vague interpretations were used, which provided the grounds for subjective interference and personal interests in the decision-making process for issuing publishing licenses, ultimately leading to the prevention of the publication of any different thoughts and giving rise to the unpleasant and destructive phenomenon of censorship. The use of interpretations such as “spreading intellectual corruption”, “promoting

Unfortunately, in dealing with ethical issues, we are also witnessing a dual approach in this resolution. While according to Article 4, Section A, Paragraph 7 of the resolution, the publication of images that promote obscenity (such as “dancing”, “drinking”, and “immoral gatherings”) is considered prohibited, according to the same paragraph’s footnote, the printing of images of “immoral gatherings” by affiliates of the Pahlavi government or individuals labeled as “anti-revolutionary” is exempted for historical reference, with the consideration of public decency.

In general, it can be said that the regulations governing the publishing of books today are a “pseudo-law” that is not worthy of being called a law in terms of its source and compliance with legal formalities, nor does it have any resemblance or similarity to a law in terms of its content and rules. Therefore, in this situation where there is no law, freedom of expression in the form of book publishing has been violated and the grounds for widespread and organized censorship have been provided.