Document Type : Article
Authors
1 Associate Prof., Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Iran
2 Associate Prof., Department of Public and International Law, Faculty of Law, Farabi Campus, University of Tehran, Iran
3 Ph.D. Student in Public Law, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran
Abstract
Media activity as one of the pillars of democracy in democratic societies, just as it is the basis for realizing citizens' access to information, may also involve the violation of rights and freedoms. Therefore, media proceedings should have both the components of proceedings and pay attention to the duty of the media to transmit information and monitor the government. Using library studies and interviews with elites, the current research examines the structural damage of the judicial system in dealing with media claims. These harms include the general nature of the proceedings and the tendency to look criminally; A view that ignores the duty of the media for the free flow of information and treats them like a criminal. Also, the presence of the jury and the supervision of the union, which were supposed to help guarantee the rights of the defendants in these cases, have been gradually forgotten and have become a tool to impose more restrictions on the media. As a result, media proceedings in Iran require a review in such a way that expert judges with knowledge of the mission of the media handle lawsuits; The opinion of the jury, as an institution that must judge between freedom and power, is effective in the proceedings; And the role of the government as an institution that suffers from free speech should be minimized in the proceedings.
Keywords
Main Subjects
English
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