نشریه حقوق روزنامه نگاری و ارتباطات
پیاپی 6 (پاییز و زمستان 1400)

Les technologies numeriques ont un potentiel considerable de transformation des societes et des economies. Par ailleurs, la Pandemie Covid 19 fut l’accelerateur d’un monde de plus en plus digital. La crise sanitaire a montre l’importance majeure de l’acces a l’internet. Les pays equipes en infrastructures digitales developpees etaient sans aucun doute mieux a meme de fournir des services a leur population. Il est donc aujourd’hui plus que jamais necessaire d’accelerer la Transition Numerique pour non seulement reconstruire en mieux apres le Covid, mais aussi pour faire avancer les 17 objectifs du developpement durable 2030, definis par l’ONU en 2015. Cependant les technologies numeriques ne presentent pas seulement des bienfaits et comportent en contrepartie des dangers et menaces.De nombreuses preoccupations se sont fait jour ces dernieres annees face aux situations d’abus, qui remettent en question les droits fondamentaux.Inquietudes mises en lumiere,entre autres, par le rapport annuel de la Commission Europeenne sur l’application de la Charte des droits fondamentaux dans l’UE, publie en decembre 2021. Les defis a relever a l’ere numerique sont nombreux.Cet article met particulierement l’accent sur les problemes lies successivement, a la Fracture numerique d’un cote et a la Diffusion des contenus illicites sur l’internet d’un autre cote.Ainsi il est necessaire aujourd’hui d’instaurer un environnement propice aux TIC de telle manière a ce que chacun puisse pleinement tirer parti des enormes avantages de la connectivite universelle et efficace, dans un espace cyber ou regne la paix, la confiance et la securite.Combler la Fracture numerique et en meme temps enrayer la diffusion des contenus illicites en ligne, font partie des grandes priorites fixees a l’echelle mondiale.

The Judiciary, due to its unique nature and the responsibilities entrusted to it by law, is one of the most widely observed institutions in the Islamic Republic of Iran. According to Article 165 of the Constitution, "trials must be held in public, and the presence of individuals is not prohibited, unless the court deems that holding a public trial would be contrary to public morality or order, or the parties to the litigation request a non-public trial." This principle is based on the necessity of informing the public about how the law is enforced and justice is administered, indicating that the drafters of the constitution have paid special attention to people's perception of the execution of justice and its effects. Of course, many trials in early Islam, Roman rule, and other democratic governments were held publicly. But why are some trials not held in public? Are some of these trials opposed to justice, which is why they are not public, while holding public trials would help us achieve justice? Is this principle considered part of the people's rights? Are courts obligated to disclose the public or non-public nature of each case along with its subject matter to visitors? Should the existing standards provide information on how to attend court hearings? Based on the issues mentioned in this article, efforts are being made to discuss and examine the right of media to access trial proceedings in courts. Sont abordes dans ce travail de recherche, les themes suivants, parmi d’autres :  la reconstruction apres la covid 19, les ODD 2030, la regulation du net, les geants du numerique, les plateformes numeriques, le role des Etats, celui des institutions internationales et regionales, la place de l’Europe, les droits et libertes numeriques, l’avenir numerique equitable et inclusif, un monde numerique inclusif et pacifique, un espace public mondial numerique, etc…

In a time where security challenges are among the issues facing the Islamic world, this research aims to utilize the deep and extensive capacity of Islamic jurisprudence in explaining national security measures and pursuing the fulfillment of one of the essential needs and demands of Islamic nations. This article, relying on deduction and reference methods, has explored the juridical propositions regarding facing severe threats and national security. In this review, we first examined the approaches to ensuring security in different schools of thought, such as realism (based on power and military force), classical liberalism (based on legal systems and regimes), Copenhagen school (based on the state), and constructivist approach (based on identity and internal processes of society). Then, by expressing some of the theoretical and practical contradictions and impasses of these approaches, we explained the juridical strategy that rests on the foundation of national security values and religious beliefs of the Islamic community. We have looked at propositions derived from the opinions and thoughts of jurists in two areas: hard threats (rebellion and overthrow, Dar al-Harb, combat, and terrorism), and security-generating and supportive elements (jihad, the principle of denial of access, the principle of preserving the "Islamic egg," relationship, the principle of legitimate defense and counteraction, and the institution of the Wilayat-e-Faqih)

Internet regulation and 'online harms' are matters of much political and regulatory attention. This debate is beset by issues, including defining 'online harms', respecting freedom of expression, and others. While much of this debate has focused on content hosted by online platforms, comparatively little attention has been paid to the central role of algorithmic personalisation – or ‘recommending’ – by platforms in content dissemination in online environments and the problems to which this contributes. Focusing on recommender systems, i.e. the mechanism by which content is recommended by platforms, provides an alternative regulatory approach that avoids many of the pitfalls with addressing the hosting of content itself. This paper therefore explores motivations and considerations for regulating the use of recommender systems by online platforms. In doing so, this paper establishes a typology of online recommending, sets out various problems and consequences of recommending, and argues that recommending content is not one of the three activities for which information society service providers are afforded liability protections under the E-Commerce Directive. To address the identified problems and fill this legal gap, this paper proposes some principles for future regulation, and discusses approaches to oversight and compliance that could work with these principles.

Today, social networks have become means of communication and interaction of human societies, and their number and members are increasing every day. However, these facilities have made today's human more capable than the past. With the increasing progress of science and technology, different societies in the transition from a traditional society to an advanced society, in addition to maintaining many social harms that already existed, face new crimes that are not given to them due to their lack of history and background in human societies. They say emerging social harms. Emerging crimes are crimes related to the new technology of social networks, which are caused by the use of these networks, including Instagram, Telegram, which can be mentioned as phishing, farming, internet gambling, and internet fraud. The newness of these crimes implies that some of these crimes have not been criminalized in Iran's legislation. The main purpose of this research is to discuss the criteria and the basis of criminalization of emerging crimes in social networks, which has reached these achievements with the descriptive-analytical research method, that the possibility of criminalizing emerging crimes has two views. The first point of view is based on the opposition of the criminalization of these crimes based on the individual's absolute discretion in using social networks, which is not acceptable with the needs of today's society. However, the second point of view has been criminalized, new crimes of social networks according to principles such as the principle of harmlessness, expediency, etc., and the second point of view is acceptable considering the consequences of these crimes.

In this research, we aim to carefully examine the viewpoint of Ayatollah Khamenei on media freedom and its various dimensions. We seek to understand his thoughts on the issue of media and media freedom, as well as the principles on which he stands. To achieve this goal, we analyze his statements and writings, including those contained in CDs, books, and other publications related to the issue of media freedom. After defining freedom and its importance, as well as culture and the phenomenon of cultural invasion, we investigate how the West deals with freedom and the way they use media in various issues, particularly in cultural invasion. Based on his statements, we conclude that Ayatollah Khamenei emphasizes the importance of paying attention to the media as a platform for promoting Islamic teachings because he believes that the proper functioning of this medium is vital to the life of Islam. He considers various types of media, such as preaching and speeches, radio and television, books, and newspapers, as acceptable means of expressing one's views, based on the principles of the right to expression under the accepted Islamic religion. In fact, while accepting and respecting human freedom of thought and action, he stresses that carelessness in expression can deal a severe blow to social, ethical, political, and governmental principles. Ayatollah Khamenei believes that the mission of the media is to raise the level of people's religious, political, and social understanding and provide scientific information to society. They consider humans as free beings entitled to the right to expression, while also paying attention to the rights of others, including private and public individuals, and being cautious about any media insult, slander or gossip. He considers new media such as satellite TV and the internet to be of great importance and recognizes their power in influencing social behaviors. Additionally, they consider large-scale policymaking in the field of these media to be a sensitive and vital matter that requires precision in communication strategies and cultural issues, avoiding oversimplification