نوع مقاله : پژوهشی
کارشناس ارشد، گروه حقوق خصوصی، دانشکده حقوق، واحد دماوند، دانشگاه آزاد اسلامی، دماوند، ایران.
عنوان مقاله [English]
Freedom of expression is one of the most important human rights rules that have always been debated.In the present paper, an attempt has been made to address the jurisprudence approach in supporting freedom of expression and its criminal guarantee in Iranian criminal law.The main question that has been raised and examined in this regard is what is the position of protection of freedom of expression in jurisprudence and what mechanisms and executive guarantees has Iranian criminal law devised in support of freedom of expression. The present paper is a descriptive-analytical, applying the library method.The findings show that in jurisprudence, according to rules such as good debate, the need for consultation, acceptance of criticism and criticism in the Prophet's life, freedom of expression is accepted. But this freedom is not absolute and in cases such as defamation of God, the Prophet and the Imams, and apostasy has some limitations. Also, in Iranian criminal law, the issue of explicit protection of the right to freedom of expression has been neglected, and only in special cases has a mere reference to its examples been sufficient when criminalizing exceptions to freedom of expression.