نشریه مطالعات فقه و حقوق رسانه
سال پنجم شماره 1 (پیاپی 9، بهار و تابستان 1402)

In this article, the implications of jurisprudence rules for the policy of virtual space have been analyzed and the selection of jurisprudence rules has been made because these rules are essentially a general ruling of the stage of action and work and are one step away from implementation, and hence It is suitable for its use in policy making in different fields. The main question of the research is what these meanings are, and based on this, eight jurisprudential rules, including harm, negation of mustache, sanctity of disruption in the system, contribution to harm, waste, expediency, bowing to rituals and warning, were analyzed and their meanings were studied. In terms of methodological paradigm, the research is a qualitative research, and data collection was done in the form of documents and libraries, and the analysis was done by the implication research method. This article shows that jurisprudence rules have specific implications for the three layers of infrastructure, service, and content.

Media jurisprudence is a science that gives jurisprudential answers to media issues through inferences from reliable religious sources and deals with the rulings related to human action in the media system within the framework of values and religious system. One of the important issues of media jurisprudence It is the duty of messengers or media members to explain the rules; that these rules themselves have two parts; Some rulings include general media members and others are specific rulings of each group of media members. This research, with a descriptive and analytical approach, referring to the Qur'an and authentic narrative texts, and using the ijtihad method, explains the rules of the general media, and specifically specifies the duties of a religious messenger. The need to acquire specialized religious knowledge by the messenger, the conditionality of faith in the religious messenger, and the duty of chronology and audience awareness in the religious messenger are among the findings of this research regarding the general duties of the media.

The protection of cyberspace and the Internet, in view of its penetration rate in the individual and social life of the society, is prioritizing the regulation of governments. this regulation is in the different levels of decision making from policies to the laws and regulations in the areas of media establishment, criminality and punishment, monitoring and control, etc. One of the control tools of the sovereigns, which is a matter of precautionary prevention, is cyberspace filtering. In our country, filtering, though it is one of the most sophisticated decisions of the sovereign, is at the same time the most challenging decision. Perhaps the filtering of the Telegram is a good example. The issue of this article is that the regulation of the filtering of cyberspace in Iran has undergone an evolutionary process, and in which ways does it have strong points and weaknesses?The findings of this paper, using a descriptive-analytical method, show that cyber filtering has been accompanied by ups and downs as the fixed foot of the regulation of cyberspace has been. Among the important events of the filtering are the following: clarification of 7 legal documents for filtering, Internet starting with filtering to Iran, neglected such as the policy formulation of multi-level and  home filtering since 2000, the design of a super-regulator in 2009, native approach in the filtering system in the year 2005. These phenomena and other phenomena have been attempted to be subject to legal analysis.

Nowadays, individuals can gain fame through the media based on their abilities, luck or due to their attribution to other people. The formation of fame for individuals has two inevitable effects and risks: On the one hand, people in society are interested in knowing the details of a famous person's life, and therefore the famous person is exposed to the risk of violation to privacy right. On the other hand, because of prevalence of different types of the media, modern fame has gained commercial value, so that the suppliers use the identity characteristics of a famous person to promote their goods and services to increase their supply. To deal with these two dangers, the legal system uses two solutions: first, by using the general and pre-existing right to privacy, which is rooted in personality rights and human rights, it tries to prevent the violation of the privacy of these people. Second, by inventing a new right as the right of publicity, which is both rooted in property rights and personality rights, it organizes the commercial use of the identity characteristics of celebrities. Financial effects of this right (assignability, waivibility, descendibility, etc) must be adjusted in interaction with personality rights and public order.

In this article, according to the cultural-communication policy approach, the researcher has extracted the important political issues related to the mosque that were reflected in the mosque monthly with qualitative content analysis method, and then the declarative policies-upstream documents of the Islamic Republic of Iran related to the domain of the mosque. examines during the years 1379-1389 with regard to political issues extracted from the mosque's monthly. The results obtained from the mentioned research policy show that the issue of mosque construction has been of special importance compared to other issues of mosques in the mentioned period of time, and most of the documents examined in this decade refer to the mentioned issue. Also, regarding issues such as the imam of the mosque, the caretaker of the mosque, the board of trustees of the mosque, the mosque and endowment, the public or public mosque, the closing of the mosque, the mosque and the people, the results of the analysis show that the statements and policy clauses are very limited in the upstream documents of the Islamic Republic of Iran. Codified and approved. Also, the results of the analysis of policies related to the domain of the mosque in this decade show that an important policy has not been formulated and approved regarding some of the investigated issues, such as the internal disputes of the mosque, the mosque and communications, and there is a clear and visible policy in the Islamic Republic of Iran around the aforementioned issues.

Justice is one of the most common concepts in all disciplines and contemporary criminal justice systems. However, this common concept at the stage of implementation, in each particular discourse, is the subject of special controversies and arguments based on good and evil. The present study has chosen Laclau and Mouffe's approach for the critical, inclusive, and historical Features in analyzing these dualisms of discourse analysis. The results of the analysis show that the concept of justice as a central signifier of competing discourses has been influenced by unique political and social conditions, which has led to different dualisms in the representations of the pre-reform and post-reform era. Before 1997 cinematic courts have been represented in such a way as to counter the evil, which is an anti-Islamic element in this period, as an obstacle to justice. In this regard, the concept of crime and violation of justice has been patched up by the judicial system itself. After 1997, a social barrier, the patriarchal atmosphere, impedes achieving justice. In this period, good and evil are reduced to the dualities of men and women and In this regard, the function of the court is to reproduce the patriarchal atmosphere in a formal way And the concept of crime and violation of justice is linked to masculinity. As a result, post-revolutionary cinema criminal courts, under the influence of discursive constructions, have been incapable of achieving justice, and the expectation of justice has largely been introduced outside of the court.

Artificial intelligence has proven its effectiveness in various fields, and law and solving legal issues have not been immune from this influence, its concrete applications have been observed in various legal fields, and its future capabilities are also being investigated. One of these areas is related to family law, where the presence of artificial intelligence can manage and organize many problems in decision-making well. Family law, which includes topics such as marriage, divorce and annulment, financial issues arising from it, fostering and maintenance of children, is one of the topics that the long decision-making process and referral to the courts, emotional and psychological damages increases and creates an erosion process for the parties. The help and presence of artificial intelligence, in addition to being more accurate in recognizing the personality and areas of commonality or difference between people for life or separation, can also be effective in the decision process to bring more accuracy and speed for such cases  And less harm is caused to people and their mental health, and the possibility of mistakes in decisions is reduced. Various countries have also paid attention to these applications, which are mentioned in this article as the objective applications of artificial intelligence in solving family law issues, and the capabilities and rules of its use in Iran's legal system are examined

One of the important social areas of human life is occupied by the media. The variety of media has expanded to such an extent that people have to choose to communicate with certain media. Citizens of the modern society spend most of their time with the media and feel confident and relaxed from communicating with the media. The scope of the media includes all fields, including political, economic and social fields, including women and family. Therefore, it is necessary to address the issues of women and the role of the media. Based on this, governments have tried to strengthen the foundation of the family within the framework of media rights. In this regard, the media plays an important role as one of the important tools in reducing the social harms of women, and the purpose of the media is to introduce the role of women in order to make good policies and prevent social harms related to women. Nowadays, social damage has put women's health at risk. The purpose of this research is to investigate the role of the media in preventing social harms in the field of women and family with a descriptive and analytical method. The results of the research show that the dominance of negative views towards women and the existence of deprivations and serious injuries have caused special attention to be paid to women today in order to correct this problem, and the media aims to train experts in the field. different organizations that have the ability to present issues related to women and can present gender-balanced views at all executive and policy-making levels of the country.

Media literacy education for users, or virtual citizens, is an indispensable necessity for individuals to effectively utilize the global Internet network and its components. A new form of education, which is evident in recent legal documents and approvals of the country, including the resolutions of the Supreme Council of Cyberspace, the Document of Fundamental Transformation, the Charter of Citizenship Rights, and the Plan for Protecting the Rights of Users and Audiences in the virtual space, is observed. The duty of the government to support the right to education, in order to realize the forty-third principle of the Constitution of the Islamic Republic of Iran, transforms the virtual citizen from a passive consumer to an influential actor in this space. Undergoing continuous and up-to-date educational courses and acquiring sufficient proficiency and skills, especially in times of societal inflammation, provides the necessary insight for the complete utilization of this space by the virtual citizen, ensuring their health and that of others, and ultimately guaranteeing the health of society. This article endeavors to introduce the elements contributing to the effectiveness of this important matter and the widespread role it plays in the positive and influential activities of virtual citizens. The precision of the legislator's consideration in managing and directing the optimal use of media and elevating it to a desirable level, due to the universal use of media in the general sense, is demanded in the legislative realm. It is necessary to clarify that in this research, media includes radio and television broadcasting, as well as virtual networks related to national media programs, which are established and active in line with their objectives and for engaging with audiences.

Media literacy education for users, or virtual citizens, is an indispensable necessity for individuals to effectively utilize the global Internet network and its components. A new form of education, which is evident in recent legal documents and approvals of the country, including the resolutions of the Supreme Council of Cyberspace, the Document of Fundamental Transformation, the Charter of Citizenship Rights, and the Plan for Protecting the Rights of Users and Audiences in the virtual space, is observed. The duty of the government to support the right to education, in order to realize the forty-third principle of the Constitution of the Islamic Republic of Iran, transforms the virtual citizen from a passive consumer to an influential actor in this space. Undergoing continuous and up-to-date educational courses and acquiring sufficient proficiency and skills, especially in times of societal inflammation, provides the necessary insight for the complete utilization of this space by the virtual citizen, ensuring their health and that of others, and ultimately guaranteeing the health of society. This article endeavors to introduce the elements contributing to the effectiveness of this important matter and the widespread role it plays in the positive and influential activities of virtual citizens. The precision of the legislator's consideration in managing and directing the optimal use of media and elevating it to a desirable level, due to the universal use of media in the general sense, is demanded in the legislative realm.

The media, including cinema, always plays an important role in portraying the open and hidden realities of society in different fields and from different aspects, including the family. The phenomenon of spousal abuse is a global problem and is seen in various forms in social groups and classes with all their differences, and as one of the most important domestic violence, it overshadows the situation of women; Of course, in the meantime, husband, children, the elderly can also be exposed to these violence in various forms. This social and legal problem has attracted the attention of Iranian cinematographers, both men and women. In this research, two female directors and one female screenwriter, have considered the views of the causes and types of this phenomenon from the perspective of criminological theories and feminist themes in selected works (Mali and its untaken ways, under a smoky roof, and Time of love).In order to collect information, the story of the films, dialogues and sequences related to the topic were qualitatively analyzed. In this research, after viewing the films, the etiology of spousal abuse was investigated in the light of 4 theories of differential associations, criminal subculture theory, rational theory and woman-oriented theory. The findings indicate that the effects of showing the causes of spousal abuse are consistent with criminological theories and feminist themes.