Document Type : Scientific-Research Article
Authors
1 Associate Professor of Department of Law and Political Siences of University of Tehran
2 Ph.D. Student of Culture and Communication of Imam Sadiq University
Abstract
One of the inhibiting policies of the government at national levels for creating a healthy cyberspace environment is its filtering. Iran is no exception in this regard and we witness occasional news about censorship ensued by for and against reactions in the society. This article aims at two questions: 1- What is the jurisprudential edict for this event, 2- What new problems will it create? The present research by using descriptive-analytical method has reached this conclusion that by relying on the two edicts, i.e. "the necessity of preventing vices" and "the prohibition of using corrupt materials", filtering can be regarded as a religious obligation. This jurisprudential ruling has resulted in another eight important jurisprudential problems related to filtering: 1-Quite certainly, the filtered content is essentially corrupting. 2- Filtering agent is both the government and the people. 3- Pre-warning and enhancing cyberspace literacy is to be taken as an instance of the verbal prohibition which should precede practical prohibition. 4- In regard to the sanctity of individuals' privacy, this filtering must be applied on producers not receivers. 5- Both self-filtering and filtering by others are decreed by shari'a. 6- Filtering illegal content has priority over website and social networking restrictions. 7- Audience- orientation is a significant principle next to content-based filtering which leads us to a ranked filtering action. 8- The acquittal principle recommends filtering according to the black list. 9- In regard to jurisprudential knowledge of subjects, mechanized supervision comes first, and human monitoring should be done in emergencies under special conditions.
Keywords