Identifying and Countering Hate Speech in International Law and the Iranian Legal System

Document Type : Original Article

Authors

1 Ph.D. Student in International Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran

2 Associate Prof in Department of Public and International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran

3 M.A. Student in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran

Abstract
Although Freedom of expression is a fundamental human right, it must be limited in some circumstances; because absolute and unconditional freedom causes disorder, abuse of rights, and the destruction of public order. One of these limitations is the conflict between freedom of expression and hate speech. hate speech, In short refers to speech that targets individuals and groups because of characteristics such as gender, race, religion, and political affiliation. Today, with the increasing presence and use of mass media and cyberspace by a large number of people in society, their effective role in spreading hate speech should not be ignored; because these spaces have become the main platform for promoting and disseminating hatred. In this article, an attempt has been made to address this issue using library data and a descriptive-analytical method, considering the laws of Iran, which unfortunately, despite the cultural, ethnic, and linguistic diversity, have not been explicitly prohibited. Ultimately, the authors conclude that although we have numerous international and regional conventions within the framework of the international human rights system that have been ratified and enforced, these documents have not been able to have the necessary effectiveness; because their subject matter is general and there is no direct reference to these statements. Also, these general documents are not properly implemented by countries. In Iran, it is also necessary to formulate clear laws in this field; NGOs should become more targeted in combating these statements; and appropriate programs, including media literacy training, should be pursued more than before.
 
 

 
 
.

Keywords

Subjects

Ghasempour, M. M. (2021). Social Networks And Hate Speech (Rapid Report No. 38). Tehran: Cyberspace Research Institute.
Hekmat-Niya, M. (2020). Freethinking And Freedom Of Expression, Second Edition, Tehran: Research Institute For Islamic Culture And Thought Pub.
Islamic Republic Of Iran. (1977). Law On The Punishment Of Propaganda Of Racial Discrimination. Retrieved From: Https://Rc.Majlis.Ir
Islamic Republic Of Iran. (1979). Constitution Of The Islamic Republic Of Iran. Retrieved From: Https://Www.Shora-Gc.Ir
Islamic Republic Of Iran. (1985). Press Law. Retrieved From: Https://Rc.Majlis.Ir
Islamic Republic Of Iran. (2012). Press Law. Retrieved From: Https://Qavanin.Ir
Islamic Republic Of Iran. (2013). Criminal Procedure Code. Retrieved From: Https://Dotic.Ir
Islamic Republic Of Iran. (2016). Charter Of Citizens' Rights. Retrieved From: Https://President.Ir
Islamic Republic Of Iran. (2016). Law On The Activities Of Political Parties And Groups. Retrieved From: Https://Rc.Majlis.Ir
Islamic Republic Of Iran. (2016). The Regulations Of Non-Governmental Organizations. Retrieved From: Https://Qavanin.Ir
Islamic Republic Of Iran. (2020). Islamic Penal Code (Amendment 2020). Retrieved From: Https://Rc.Majlis.Ir
Jan-Nasari, D. (2012). Prohibition Of Hate Speech Based On International Human Rights System. (M.A. Thesis). Shahid Beheshti University.
Shahrivar, M. H.; Rahmani, Gh. & Biglarbeygi, K. (2022). Audience Right Benefiting From Correct Information And Dealing With Fake News. Journal Of Communication Research, 3 (111), 79-107.
Siegel, A. (2021). Online Hate Speech (Report No. 63) (Kazemi, A. Trans.). Tehran: Cyberspace Research Institute.
Soodmandi, A. M. & Mokhtemi-Ghomi, B. (2011). Hate Speech In The International Human Rights System. Journal Of Comparative Law Researches, 2 (72), 42-21.
Supreme Council Of Cultural Revolution. (2005). Policies For The Distribution And Exhibition Of Cinematographic Films And Foreign Audiovisual Materials. Retrieved From: Https://Rc.Majlis.Ir
Supreme Council Of Cultural Revolution. (2009). Amending Resolution On The Goals, Policies, And Rules Of Book Publishing. Retrieved From: Https://Rc.Majlis.Ir
Supreme Council Of The Cultural Revolution. (1990). Regulations For Supervising The Screening And Issuing Screening Licenses For Cinematographic Works. Retrieved From: Https://Rc.Majlis.Ir
Tabatabaei-Motamani, M. (2009). Public Freedoms And Human Rights 3th Edition. Tehran: University Of Tehran.
Teymur Salmasi, E. (2015). Prohibition Of Hate Speech In The Media Within The Scope Of The Council Of Europe Resolutions And Iranian Laws. (M.A. Thesis). Allameh Tabatabaei University.

  • Receive Date 26 February 2025
  • Revise Date 03 June 2025
  • Accept Date 07 June 2025