Computer Crimes in Iran: Online Repression in Practice

On 5 December 2013, ARTICLE19 published its report “Computer Crimes in Iran: Online Repression in Practice” on the Iranian government’s restriction of the internet and targeting of activists. Read Dr Shaheed’s contribution to the report copied below or download the full report from ARTICLE19.

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The call for free expression and access to information in Iran

Dr Ahmed Shaheed

March 2013 marked the 37th anniversary of the International Covenant on Civil and Political Rights (ICCPR). This treaty was adopted in March 1976 and has been ratified by 167 countries, including the Islamic Republic of Iran. Core principles promulgated by this document relate to individual liberties, such as the rights to freedom of expression, opinion, belief, and to information. It is arguable that when governments resist encroaching on these fundamental rights, a given society will be equipped with the tools for promoting a free society, predicated on notions of human dignity through the advancement of civil, political, social, economic, and cultural rights.

In his seminal report on freedom of expression and the internet to the United Nations Human Rights Council in 2011, the Special Rapporteur on freedom of opinion and expression, Frank La Rue, explores censorship and underscores the “unique and transformative nature of the internet, not only to enable individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights that promote the progress of a society”. He also concluded that unreasonable limits to the internet access violate international law.

The fact is that no country has absolute expression rights, and all governments exert some level of influence and control over the flow of information. However, these limitations should not be abused by political forces to limit public dissent or criticism of policies and government actions that impact the integrity of governance. Thus, a healthy balance between legitimate national security interests and democratic imperatives must prevail.

I believe that several aspects of the Computer Crimes Law passed by the Iranian Parliament in 2009, as well as other policies governing content and internet access, are incongruous with protections provided by the Article 19 of the ICCPR.

The 2009 Computer Crimes Law appears to determine permissible expression and information for Iranian audiences in light of the Government’s political, religious, or cultural standards; making limits on expression the rule, rather than the exception. In my 2012 report to the General Assembly I reported that websites deemed to promote “terroristic, espionage, economic or social crimes”, insult Islam or Government officials, proselytize unrecognised religions, or establish anti-government political groups are effectively blocked in Iran. I noted that the Iranian government had announced its action to block some ninety “anti-religion, anti-culture and antipublic chastity” websites, and that they reported that “documents and confessions were obtained from a number of those individuals involved”, demonstrating the Government’s belief that the accused “enjoyed the security support of foreign nations”, for the purposes of “advancing the goals of the enemies [sic] in parts of the soft overthrow project”. I also reported that authorities banned domestic news outlets from reporting on the impact of economic sanctions imposed on the country, which is a deeply concerning development, as this impairs the international community’s awareness of possible emerging humanitarian issues that may result from certain aspects of economic sanctions in Iran.

These laws have reportedly resulted in arrests, detentions and even death sentences against individuals accused of developing and maintaining such websites, and Iranian citizens who speak out against the Government on the internet. Today, it is reported that at least 29 bloggers and online activists are detained in Iran; mostly for national security charges relating to the dissemination of “propaganda” and the “disruption of public order”.

When freedom of information and press freedoms are undermined, democracy is compromised. However, the good news is that the ever-expanding development of internet circumvention tools and the increasing availability of inexpensive, user-friendly communications technologies have the potential to turn every Iranian into a journalist on YouTube, Twitter, Facebook, or through an email to human rights organisations around the world; rendering government censorship unsustainable and often
impractical.

In the weeks leading up to his election, President Hassan Rouhani expressed his desire to eliminate obstacles to free expression, including in the arts and media. I believe that persistent vigilance on the part of Iranians, international human rights organisations, the media, netizens, and the United Nations’ human rights machinery remains instrumental in mobilising support for the advancement of President Rouhani’s pledges to improve protections of rights guaranteed by those treaties Iran has ratified. It is vital for the country’s future that the ongoing crackdown against dissenting voices should cease and that, instead, the State should allow those voices to play their rightful part in crafting an inclusive future for Iran in the coming years.