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Mohammad Moghimi

The right to freedom of expression is the most fundamental right of the media. Other freedoms and media rights, such as freedom of the press, the right to access information, the right to criticize those in power, the right to independence and freedom from censorship, also have their roots in this freedom. As stated in the Holy Quran, principles 23, 12-14 of the Constitution and ordinary laws of our country (the Law on Publication and Free Access to Information, passed in 2009, and Article 5 of the Press Law) and international human rights documents, including Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights (which has been approved by our country’s parliament), and Article 22 of the Cairo Declaration on Human Rights, the right to freedom of expression has been recognized as one of the human rights. In this regard, General Assembly Resolution (1) 59 of the United Nations states: “The freedom

On the other hand, the desired principles of governance, including accountability, transparency, responsibility, independent judiciary, and justice, cannot be achieved without the free flow of information and access to public information. That is why freedom of speech and a free press are considered the fourth pillar of democracy (alongside the three branches of government). In fact, the continuous awareness and participation of the people and their supervision can only be achieved through the freedom of belief and expression and the free flow of information. Furthermore, in order to combat corruption in government institutions, such as embezzlement, extravagance, and prevention of censorship, citizens must have the right to freedom of media and free flow of information.

Furthermore, one of the most important guarantees for the implementation of human rights – and generally rights – is public opinion. In fact, a free media and free flow of information can have a significant impact on raising public awareness and ensuring government accountability, transparency, and preventing self-interest of those in power.

As mentioned, freedom of thought and expression, as well as the right to access to free flow of information, are fundamental rights that have been identified in the principles of our country’s constitution. Therefore, according to the hierarchy of laws, ordinary laws cannot contradict the constitution and limitations on these principles should only be provided for in the constitution itself. If the constitution or ordinary laws impose non-principled and unnecessary limitations on these principles, an exception is made and the majority rule is applied, which leads to a violation of citizens’ natural rights. Therefore, rules must govern the limitation of these fundamental human rights and freedoms. These rules include: 1- rational and logical rules, 2- rules imposed by the legal system, 3- rules imposed by the human rights system. Of course, these rules must be established in a democratic society.

Telegram messenger is one of the tools that is available to citizens in order to fulfill their right to freedom of thought and expression, and consequently, their right to media. Therefore, blocking this messenger by the judiciary is a clear violation of the right to media and fundamental rights of citizens. Depriving or violating the freedom of media and free flow of information, which is rooted in the freedom of belief and expression, leads to the infringement of other fundamental rights of citizens such as the right to work, freedom of business, etc. Those who violate the fundamental rights of citizens must be prosecuted under Article 570 of the Islamic Penal Code and the Civil Liability Law.

It is necessary to explain that ultimately, the investigating officer handling the mentioned complaint, while issuing a restraining order, has provided 6 arguments that have no legal basis. Despite this, after objecting to the aforementioned restraining order, the Criminal Court of Tehran also confirmed it. However, the judgment on this case should be entrusted to the public opinion – as one of the most important guarantees of human rights enforcement.