نشریه مطالعات فقه و حقوق رسانه
سال سوم شماره 1 (پیاپی 5، بهار و تابستان 1400)

Human societies have become more complex due to population growth, the complexity of laws, and the growth of various social and communication sciences. In Islamic societies, jurisprudential rules and regulations have entered into these relationships due to their adherence to religion. With the expansion of modern communication technologies and the widespread use of media by individuals in society, the complexity of these interactions has increased. The rights of the audience have flourished as public citizen rights in these communications. While the media are responsive to the needs of the audience, they are obligated to respect the rights of the audience in order to ensure their own survival. Commercial advertising in the media is susceptible to engaging with problematic areas, including jurisprudential rules and topics such as deception, manipulation, arrogance, and non-harm. Failure to respect the rights of the audience not only harms the media itself but also harms the society in which the media operates. This is a right that the law has granted to the audience based on existing jurisprudential rules. If commercial advertising causes harm to the audience for any reason, the media is responsible for compensating for the material and spiritual damages resulting from that act and can prevent its dissemination and publication to prevent harm. In this article, we seek to examine the necessity of applying jurisprudential rules in the laws and structures of commercial advertising to respect the rights of the audience.

The film "No Choice" connects three women from different social and cultural classes together through the narrative. "Golbahar" cannot get pregnant, so she meets a lawyer named "Sara." On the way to find answers, Sara approaches "Dr. Pendar" and finds out that she performed a tubectomy without the consent and knowledge of her client. Tubal ligation (also called female sterilization or "getting your tubes tied") is a safe and effective method for permanent fertility control. However, Tubal Ligation should have appropriate clinical standards with the individual's free and informed consent. However, certain groups, such as people with HIV, people with disabilities, ethnic and sexual minorities, or the poor population, may be subjected to sterilization without consent and knowledge. In contrast, both men and women experience exposure to such practices. Women are more affected by it, and coercive practices such as illegal sterilization ignore women's rights to their physical autonomy. The movie's narrative focuses on the right to self-determination and the right to the patient's physical autonomy. On the other hand, the expediency of GolBahar's situation, factoring mental and physical abuse, is explored. "No Choice" tells the story of three women striving for their rights. The story confronts expediency and how each woman perceives what is to be correct. This research data is collected through library sources and analyzed by descriptive-analytical method.

With the advancement of the virtual space in the present era, various and diverse threats exist in this space, the main characteristic of which is communication with other users. Concerns about the security of children in this space have greatly increased, leading to the creation of strong protective laws for children's security in this space by utilizing and implementing a legal framework provided for them in conventions and documents in Iran. In this regard, the question may arise as to how the government has acted in relation to protecting children in the virtual space based on the rights that children have. In the hypothesis of this question, it must be said that the government has acted somewhat weakly in implementing children's rights. Although laws have been enacted for children's rights, sometimes insufficient attention has been paid to children's security in the virtual space, indicating a lack of consideration for the rights that children are entitled to. Therefore, this issue should be a concern for the government and institutions to prioritize the observance of the legal foundations and the security of children, both in the virtual space and in other matters, which can be achieved by considering the importance and implementation of children's rights. This article utilizes legal documents and library resources through the study of books and other articles, employing an analytical-descriptive method to examine the support for the legal foundations of children in the virtual space.

The expansion of media and the use of communication technologies have given rise to new legal issues. One of these important topics is the rights of media audiences. Audience rights are concepts that have emerged alongside the third wave, the information revolution, in the world of communication, and have blossomed as a new type of public rights for citizens. In the discussion of media audience rights, audiences are divided into two categories: general and specific. In addition to enjoying the rights belonging to the general audience, special audiences also benefit from specific rights and privileges. Since this research pertains to the general rights of media audiences, the most significant aspects of the general audience rights in media will be examined from a jurisprudential perspective (such as the right to security, producing writings and any otner mass media, whether visual or auditory, that contain deviant content. It investigates the question of what types of deviations lead to sanctity and whether all deviations are considered forbidden, or if only specific deviations, such as deviations in fundamental beliefs, are deemed prohibited. Any production that misguides people in religious matters, including principles and branches of religion, is considered forbidden. This necessity is supported by evidence suggesting that the producer has no intention for such deviations. Thus, a misleading book is one that leads to misguidance, regardless of whether the author intended it. However, those who read it will be misled, just as with a misleading film or any other cultural product. Therefore, avoiding the danger of misguidance and leading people astray is a matter highly valued by Islamic law, which never condones negligence or complacency in this regard. Protecting the authentic beliefs of individuals and preserving their religion is one of the important duties of Islamic governance. Hence, based on the evidence provided by verses and narrations, it can be concluded that  the production of any product that misleads people is forbidden, and the intention of the producer plays no role in determining its sanctity.

Today, human privacy is well accepted as one of the basic human rights, and even in many cases, both in the international arena and in the domestic arena, the observance of this privacy has been placed as a basic rule of legislation. Despite the general acceptance of the need to respect people's privacy, this issue has become a problem in some human relationships due to their special and challenging nature. One of those relationships is the marital union of couples, which, due to its special nature, changes the type of privacy between couples. One of those areas is the privacy of couples in communication devices and in line with that, their information privacy. The main question is whether couples can enter into each other's communication and information privacy and use the information obtained in this way either to strengthen the family or against the other party. In this regard, different opinions are raised; Some believe that the necessity of the rights and duties arising from marriage, especially marriage as defined in Islam, is that there is no such privacy between spouses, and they generally deny it between spouses. Some also consider that privacy is a fundamental human right and cannot be violated or restricted, and it is absolutely essential between husband and wife, like third parties. Some also accept the general need for a certain amount of privacy between couples, and consider its limits to be fixed and changed according to the rights and duties of marriage and the principle of expediency of family consolidation. The author's attempt in this  article is to investigate the privacy of couples in the field of communication and information media with a descriptive and analytical method.

In a descriptive-analytical way and with a comparative approach, while stating the definition and types of electronic documents, this article examines the differences between electronic secure document and official electronic document and examines the validity and existing laws in family lawsuits according to the history of documents in Iran. The results of the research show that most Iranian laws do not have an explicit definition of an official electronic document, and to define this type of document, one must refer to the interpretation of the traditional regulations governing paper documents, but the Law of Electronic Commerce (1382) and even the Law of Computer Crimes (1389) The principle of validity of electronic documents has been confirmed and there is no problem in citing such evidence, but at the same time, this matter can be examined from several aspects. First, in terms of the nature and as a result of the scope of the credit title to them, secondly in terms of the quality and quantity of related legal articles and their strengths and weaknesses. Third, the inability of the technological level to meet the strict legal standards in the originality of the document against the copy. Therefore, although electronic evidence in divorce matters is valid according to the law of electronic commerce, but due to the complexities and issues of marital and family matters, the judicial procedures rely on traditional and solid reasons and only as an evidence. Along with other evidences, it may become the judge's knowledge, or even without other evidences, it may create a strong suspicion for the judge and issue a verdict based on his knowledge.