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 ...
Read More
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.
Private Law
Abbas Mirshekari
Abstract
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, ...
Read More
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, according to the United States of America’s law, right of pre-emption is recognized. Publicity Right means that exploitation of another personality with his permission. Although the scope of this right includes both celebrities and ordinary people, but it is claimed mainly by famous people to fence their interests. Although there is no doubt about this right but there are disagreements over its realm: “Can an exception be made for this right or, any possible use of another personality is subject to the permission of the person?” In American law, full implementation of this right is known as a violation of freedom of expression. For this reason, this right has been modified and, in particular, its boundaries have been defined by freedom of expression. The most important challenge in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity and transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the USA legal system.
Reza Eslami; Farinaz Feizi
Abstract
This article first reviews the importance and the positive impact of the internet in our environment, and refers to the threats to users’ personal data, especially those very difficult to delete. The article then examines the possibility of removing personal data from the internet known as the ...
Read More
This article first reviews the importance and the positive impact of the internet in our environment, and refers to the threats to users’ personal data, especially those very difficult to delete. The article then examines the possibility of removing personal data from the internet known as the right to be forgotten, and studies the European standards as to data protection and the right to informational self determination. The article finally analyses the theoretical as well as practical challenges between the right to be forgotten and freedom of expression, and, as a conclusion, provides certain suggestions in order to resolve the conflict between the two.
