Communication Law
Behnaz Ahmadvand; Baqer Ansari
Abstract
The right of reply aims to strike a balance between the freedom of the press and the rights of individuals to protect their personality, reputation, honor, and dignity. It is derived from the fundamental right to freedom of speech and media. This right serves as a legal mechanism to ensure accountability ...
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The right of reply aims to strike a balance between the freedom of the press and the rights of individuals to protect their personality, reputation, honor, and dignity. It is derived from the fundamental right to freedom of speech and media. This right serves as a legal mechanism to ensure accountability of the press when they publish false or inaccurate information or engage in defamation. The primary goals of the right of reply include mitigating the negative consequences of false and misleading news and reporting, deterring irresponsible press behavior, and ensuring that the public receives accurate and complete information. Numerous countries differentiate between the right of reply and the right of correction. The former is invoked when the press disseminates information or opinions that are inaccurate or false, thereby infringing on an individual's inherent rights, such as reputation, privacy, and dignity. The Constitution is the primary source for recognizing or rejecting the right of reply in many prominent legal systems, while normal laws have been enacted in other jurisdictions to acknowledge this right and establish its parameters. Using a descriptive and analytical approach, the present article aims to identify the theoretical underpinnings, prerequisites, and constraints of implementing the right of reply in several crucial legal frameworks and laws in Iran.
Public Law
Baqer Ansari
Abstract
Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content ...
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Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content and how can it be protected and realised?" This article, based on the desk research method, by studying international and regional instruments and interpretations, national legislative administrative and judicial practices and legal scholars' viewpoints, has concluded that the existence of this right is known as the dominant view but, its content still remains disputable. Nevertheless, the right to connect to the Internet, the principle of neutrality, the right to anonymity, the right to use encryption technology and the right to secure and transparent Internet can be recognized as the main elements of this right. Also, this right is mainly formal and structural in nature. In other words, it's about the principle of Internet access, not the content that is exchanged as a result of access.
Ali Ansari; Javad Askari Dehnavi
Abstract
Commercial disputes in the international arena are basically settled through arbitration mechanism. In the course of arbitration, as a suitable and reliable authority for resolving commercial disputes, the issue of objections as a form of parties’ defence is introduced. Objections in terms of the ...
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Commercial disputes in the international arena are basically settled through arbitration mechanism. In the course of arbitration, as a suitable and reliable authority for resolving commercial disputes, the issue of objections as a form of parties’ defence is introduced. Objections in terms of the impacts they might have on arbitration process, could be categorized into the objections with the effect of permanent and temporary impediment (to the proceedings). Although most applicable governing laws on objections are among the supplementary rules and considering them depends on expressing consent by the party or parties in dispute as the case may be, however some of the objections are mandatory provisions and are related to the public policy. Despite the fact that the Iranian Law on International Commercial Arbitration in its part is regarded as a commendable evolution in the international commercial arena, since it has not elucidated the issue of objections and merely has discussed its totality, leads it to encounter a fundamental gap. The study proceed with objections with temporary impediment effect and arbiters decisions by considering parties can what objections proposed and what are their effects in international commercial arbitration.
