Freedom of the press in Iran and England (Examining and Comparison the principles governing the procedure of press courts in Iran and England)

Taghavinia, Shaghayegh; Tavasoli Naeini, Manouchehr; Sharif Shahi, Mohammad

Freedom of the press in Iran and England (Examining and Comparison the principles governing the procedure of press courts in Iran and England)

Document Type : Original Article

Authors

Shaghayegh Taghavinia ¹

Manouchehr Tavasoli Naeini ²

Mohammad Sharif Shahi ³

¹ PhD student in Public Law Department, Faculty of Law, Islamic Azad University of Isfahan (Khorasgan), Iran.

² Associate Professor of Law, University of Isfahan, Isfahan, Iran.

³ Assistant Professor of Public Law, Islamic Azad University, Isfahan (Khorasgan) Branch, Isfahan

Abstract

Although according to certain specific and general laws in Iran and England, all media courts are required to adhere to general principles of due process, sometimes due to insufficient enforcement guarantees, deviation from these principles seems possible in specific cases. This research, conducted qualitatively and library-based, analyzes the observance of principles of fair trial in the judicial procedures of media courts in Iran and England in a descriptive-analytical manner. The research question is how the principles of fair trial have been observed in the judicial procedures of media courts in Iran and England. The existence of specialized media courts in some major cities, both in the investigation stage (Media Court) and in the sentencing stage (some branches of the Criminal Court of Tehran Province), as well as the development and enactment of media laws in contemporary Iran, reflects a particular focus on media rights and addressing related crimes. The evolution of laws in England and a historical review of English law demonstrate that English law has evolved through practice and judicial opinions. The results indicate that in criminal laws of Iran and England, prohibitions related to illegal recording and dissemination of court files and safeguarding press freedom have been examined. In these two countries, there is no specific definition of media crime, and violations related to the media are addressed in regular courts. Furthermore, the jury in both countries plays a supervisory and advisory role in handling media crimes.

Keywords

Principles of Fair Trial

Judicial Process

Press

Iran

England

Subjects

Topics related to the Islamic Revolution

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