Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Criminalization of Filtering Platforms (Messengers); A Challenge for the Right to Employment with Emphasis on International Documents

Document Type : Original Article

Authors
1 Assistant Professor, Department of Law and Social Sciences, Payam Noor University, Tehran, Iran. (Corresponding Author)
2 Assistant Professor, Department of Law and Social Sciences, Payam Noor University, Tehran, Iran.
3 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran.
10.22034/jccj.2024.442482.1487
Abstract
Some consider buying and selling a filter breaker a crime, citing Article 25 of the Computer Crimes Law, but it is not included in this clause because using a filter breaker is not only for committing a crime. The purpose of this research is to criminalize filtering regarding the right to employment and business using existing platforms according to Iranian law and international documents and the hypothesis is that; How effective is the criminalization of filtering for people who use the platforms for business. Findings: In Article 28 of the Constitution; People have the right to choose a job that is not against Islam and public interest and it is the duty of the government to create the possibility of employment under equal conditions for everyone and similar to Article 23 of the Universal Declaration of Human Rights, which states the right to work, fair and satisfactory conditions and also Article 6 of the International Covenant on Economic, Social and Cultural Rights, which states parties Covenants should recognize the right to operate freely for businesses and take appropriate measures And the laws and policies related to the filtering of business platforms should be in such a way that information is realized in a comprehensive way. And the religious and cultural organization of the nation will also be protected. The research method is descriptive-analytical and using library method.
Keywords

Volume 4, Issue 2
Spring 2024
Pages 63-75

  • Receive Date 29 February 2024
  • Revise Date 29 April 2024
  • Accept Date 28 May 2024
  • Publish Date 21 June 2024