فصلنامه پژوهش های ارتباطی
پیاپی 111 (پاییز 1401)

"The right to know" is one of the fundamental rights that is recognized for humanity, including media audiences. This right has been specified and emphasized in international, regional and national documents, and for this reason there is no doubt about its legitimacy. Of course, they often raise this right in the field of political and social information and as a prerequisite for the realization of democracy, and they seek to prevent tyranny and corruption by making people aware of the decisions and actions of governments and having the possibility of monitoring and criticizing them. From it, like monopolization, profiteering and rent-seeking. But "the right to know" in this sense is emphasized not only in Islamic sources and texts, but in a broader interpretation, it includes the fact that a person consciously chooses and determines his destiny in any field. So, this right is actually the prelude to the basic right to self-determination. This is where the relationship between consciousness and the right to choose and will is raised and questioned as a criterion for the superiority of man and his caliphate on earth. By explaining this matter, the present article aims to reveal the relationship between duty and the right to know, and especially to talk about the right of a person to make a conscious choice in the Qur'an and the Sunnah. The effects of accepting such a right are also stated below, and of course, it will be sought in the constitution and other national laws.

The media is a means of conveying a collective message, and this communication is the cornerstone of a democratic society. In such a society, people are informed about their rights and duties through the media, and play key roles in decision-making and participation in governance and calling for the good according to the third and eighth principles of the constitution. These participations and benefits on the part of the people and on the other hand the activism of the media and their brokers, are subject to the legal requirements, which should be protected from any kind of veiling and fully available to the people according to the clear and transparent nature of the law. Therefore, the codification of media laws, including the compilation, classification and distinction of executive and valid laws from others, is a necessary matter, which is simple due to the complexities of the media, especially technological developments, as well as the joint legislation of the Islamic Parliament with other rule-making institutions. The author's question in this article is about what and how to codify the laws about the media, which will be addressed with a documentary method and a descriptive-analytical approach. The findings of the research also indicate the conceptual and institutional challenges of codification, and the necessity of codification on the axis of goal-oriented interpretation and protection of the principle of the rule of law, transparency and coherence of the law, equality and legal-judicial security.

In the world of communication, virtual networks and internet media have broken the media monopoly of old activists - governments and media owners, and every person with a digital device and a social network can own a media and, in this way, he can expose his thoughts, ideas, beliefs and lifestyle to the public and even advertise. In fact, the public sphere has moved from the philosophical cafes of the 18th and 19th centuries to social networks and internet media. In this so-called cyberspace, conflicting interests, including individual and public interests, or national and ethnic interests, etc., are raised, along with the unmatched media freedom that has been created, the desire to remove and block certain ideas and thoughts is also expanding. Therefore, the main question of this research is the investigation of the justified bases of the blocking of social networks and internet media in opposition to the freedom of speech and the media, which is tried to be explored in this field with a documentary method and a descriptive-analytical approach, and the dimensions Let the matter be known. In the meantime, it should be carefully considered that the blocking of social networks does not turn from an exception to the rule, and freedom of speech and media does not become a victim of the interests of a particular group. Also, the blocking mechanism and the possibility of protest and fair and transparent proceedings should be foreseen. In this article, the challenges of blocking social networks in the light of international conventions related to media freedom and the free flow of information and its limitations, such as the 1936 international treaty under the banner of the United Nations, as well as some internal laws related to this the matter will be treated as Section 230 of the United States Communications Decency Act.

With the increasing influence of mass media and cyberspace in today's life, the need to address the legal aspect of this issue has become more apparent. One of the benefits and characteristics of today's media is the fast and free circulation of information and the mass production of news by the media custodians and even the users themselves. Therefore, identifying the rights of the audience and users of these media and, on the other hand, specifying the duty of the users and the custodians of the media seem to be important and necessary. One of these rights is the right to benefit from correct information. On the other hand, a phenomenon that can disrupt the realization of this right is a global and destructive phenomenon known as "fake news". Dealing with such news and information and prohibiting their production and publication is a reciprocal duty of the right to benefit from correct information. The main question of this article is to identify this right and obligation in the context of various types of mass media in Iran's legal system, using library data and documentary methods with a descriptive-analytical approach and sometimes with a comparative view of the actions taken in Other countries have investigated this issue. And finally, identifying such rights and obligations and examining its various dimensions in the mirror of the laws and regulations of Iran's legal system is the main finding of the article.

The necessity of news throughout history has been such that it was used as a tool for persuading, stimulating and mobilizing public opinion. Some news programs constantly use regular norms to expand and even shape values. But some others spread false and misleading news in the society in order to protect their interests. On the other hand, the increase in the volume and speed of information and news exchange in order to maintain social cohesion caused the type and method of information and news transmission to change. Therefore, knowing the rules helps the reporter to understand and adjust the news and it can also be used in the form of criteria for comparing, evaluating and selecting the events of the day. In this study, the author examines the practical indicators of the rule of justice in news reporting with the use of library resources, using documentary methodology and a descriptive-analytical approach, from the perspective of the audience's rights.

Freedom of access to information is generally recognized under the title of freedom of expression as one of the basic human rights in many global and regional human rights documents. Despite this, respect for the principle of national sovereignty of states requires that restrictions be set on the way of this freedom in the legal frameworks such as maintaining order and public morality. The Islamic Republic of Iran faces two basic obstacles in terms of freedom of access to information; On the one hand, under the pretext of imposing restrictions on objectionable media contents (either immoral or subversive) and violation of freedom of expression, it is attacked by human rights institutions, and on the other hand, its overseas networks such as Press TV with accusations such as "publication of baseless evidence" are banned or limited. Now the question is, what is the concept and interpretation of "public order and ethics" in international law and how can the Islamic Republic of Iran, while answering and defending itself legally in international forums, demand the free publication of its media information? The present research has tried to answer the above questions through the analytical-descriptive method and citing library documents. The results of the investigations show that the concept of order and public morality should be interpreted in the framework of the relativistic approach and in accordance with the customary culture of the countries in order to avoid contradictory standards and procedures in the international law system.

Respect for basic human rights and freedoms are necessary for the survival of any democratic society. For this reason, if fundamental rights are opposed to each other, one should think about how to establish a balance between these rights, and one cannot completely ignore a right due to the existence of such a conflict. Among these cases, we can mention the conflict between the right to freedom of expression and information with the right to protect the personal data of natural persons in the media and press. It should be noted that media and press operators are in contact with a wide range of personal data in publishing news; while they should inform the citizens properly and transparently; People's data rights should not be violated. Therefore, how to realize this in practice should be resolved. The current research has a descriptive-analytical and comparative nature due to the search for the answer to this problem from the legal sources of the European Union and then its investigation in the legal system of Iran. The research method is documentary and library; In this way, in the current research, various documents, including the legal documents of the aforementioned legal systems, have been examined. The conducted studies indicate that the media and the press can act in accordance with the right to freedom of expression and information when there is public interest in a news item, the celebrity of the subject of the news and the need to disclose this news in order to clarify public opinion, as well as ensure the accuracy of the information. and acquiring it from a reliable source should exist in tandem.

According to the legal order in the Islamic Republic of Iran, the Broadcasting Organization is referred to as the national media, and in this respect, the IRIB has a special position and mechanisms are foreseen to monitor its activities. In this research, an attempt has been made to describe the dimensions of the parliament's monitoring tools on IRIB by using library resources and in the light of the practical procedure of the Islamic Parliament. In spite of the many supervisory tools of the parliament, including the commission of Article 90 of the Constitution, research and investigation, legal supervision through legislation, financial supervision of the Court of Accounts, speeches, etc., it seems that according to the nature of the aforementioned mechanisms and the special position of the national media, according to the interpretation theory Article 175 of the Constitution, the most effective supervisory mechanism of the Islamic Parliament on the national media is the presence of two representatives in the Supervisory Council of the Islamic Republic of Iran Broadcasting Organization. In this regard, the result of this council's monitoring of IRIB will be nothing but announcing the discovered cases to the Supreme Leader. And hence the proposals to amend the composition of the Supervisory Council, improve the website of the Supervisory Council with the aim of predicting the possibility of filing a complaint, strengthening the supervisory council by amending the statute of the IRIB organization and creating a mechanism to refer violations to the judiciary, as well as intensifying the punishments related to non-compliance with financial discipline, have been presented.