Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-04T18:30:00.663Z Has data issue: false hasContentIssue false
  • English
  • Français

Iranian Journalism and the Law in the Twentieth Century

Published online by Cambridge University Press:  01 January 2022

Hossein Shahidi
Hossein Shahidi*
Affiliation:
American University of Kuwait
*
hshahidi@auk.edu.kw
Get access Rights & Permissions [Opens in a new window]

Abstract

Although the first Persian language newspaper was published in Iran 170 years ago, Iranian journalism is a twentieth century creation, indeed a product of the 1906 Constitutional Revolution. The press played a significant part in the revolution, especially by promoting the demand for the rule of laws enacted by parliament, rather than decrees issued by the king or the religious leaders. Once a constitution had been declared, many journalists felt relieved of all restrictions and engaged in bitter, personal attacks on their opponents, including the monarch and his family. Many papers also opposed a press law that was passed soon after the revolution, arguing that it was meant to suppress their newly-gained freedom. Five more press laws have been passed in Iran since then, but the debate over press freedom and the rule of law in the country does not appear to be anywhere near resolution.

Type
Articles
Information
Iranian Studies , Volume 41 , Issue 5 , December 2008 , pp. 739 - 754
Copyright
Copyright © The International Society for Iranian Studies 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

This is a revised version of the paper presented to the conference on “Iran and Iranian Studies in the Twentieth Century” at the University of Toronto, convened by Homa Katouzian and Mohamad Tavakoli-Targhi, October 2007.

References

1 Yahya, Arianpour, Az Saba ta Nima (From Saba to Nima) (Tehran, 1993), I: 236Google Scholar.

2 Homayoun, Shahidi, ed., Gozaresh-e Safar-e Mirza Saleh Shirazi (Mirza Saleh Shirazi's Travelogue) (Tehran, 1983), 292–293Google Scholar.

3 Goel, Cohen, Tarikh-e Sansur dar Matbu'at-e Iran (History of Censorship in the Iranian Press) (Tehran, 1981), I: 8–23Google Scholar.

4 Cohen, Tarikh-e Sansur dar Matbu'at-e Iran, I: 30–41. The paper's purchase was declared compulsory for every civil servant earning more than a hundred times its annual subscription fee (2 toomans).

5 Advance issue of Mirza Saleh's paper, reprinted in Cohen, Tarikh-e Sansur dar Matbu'at-e Iran, I: 14. Roznamcheh-ye Akhar-e Dar-ol-Khelafeh, as Vaqaye'-e Ettefaiqyeh was initially known, No. 1, page 1, quoted in Cohen, Tarikh-e Sansur dar Matbu'at-e Iran, I: 34.

6 Article 2 of the Iranian Press Law (Qanun-e Matbu'at-e Jomhuri-ye Eslami-ye Iran), Tehran Justice Office website, http://www.ghavanin.ir/detail.asp?id=12619 (12 October 2007).

7 Denis, Wright, The Persians Amongst the English (London, 1985), 152–160Google Scholar. See also, Hamid, Algar, Malkum Khan, A Study in the History of Iranian Modernism (Berkeley, CA, 1973)Google Scholar; Fereshteh, Nura'i, Mirza Malkam Khan Nazem al-Dawleh (Tehran, 1973)Google Scholar. An older, prominent, Iranian newspaper abroad, Akhtar (The Star), published in Istanbul, was also critical of the conditions in Iran, but was less direct and confrontational than Qanun. Akhtar appeared first in January 1876 (Dey 1254) and ceased publication in 1985—Cohen, Tarikh-e Sansur dar Matbu'at-e Iran, I: 101–105; Browne, Edward Granville, A Literary History of Persia (Cambridge, 1929), III: 551Google Scholar.

8 Qanun, No 1, 20 February 1890, p. 1, reproduced in Mohammad, Moheet-Tabatabaie, Tarikh-e Tahlili-ye Matbu'at-e Iran (Analytical History of the Iranian Press) (Tehran, 1987) 311Google Scholar, and in Algar, Malkum Khan, A Study in the History of Iranian Modernism, iv. On Malkam, see also, Homa Katouzian, “Arbitrary Rule, A Theory of State, Society and Politics in Iran,” British Journal of Middle Eastern Studies, 1997, and State and Society in Iran: The Eclipse of the Qajars and The Emergence of the Pahlavis (London and New York, 2000), chapter 1.

9 Wright, The Persians Amongst the English, 160–165.

10 Cohen, Tarikh-e Sansur dar Matbu'at-e Iran, I: 133–138, and 155–158.

11 Mohammad, Sadr-e-Hashemi, Tarikh-e Jarayed va Majallat-e Iran (History of Iranian Newspapers and Magazines) (Isfahan, 1985), IV: 96–97Google Scholar.

12 Moheet-Tabatabaie, Tarikh-e Tahlili, 80. For other views, see Wright, The Persians Amongst the English, 165–166.

13 Algar, Malkum Khan, 184.

14 Algar, Malkum Khan, 88–105.

15 Algar, Malkum Khan, 114–129. By the first anniversary of the Constitution, there were eighty anojmans in the country (Algar, Malkum Khan, 122) and seventy-seven newspapers had appeared (Algar, Malkum Khan, 133). Many people in the provinces did not know the difference between an anjoman and the Majlis and believed they were entitled to have their own local parliament (Algar, Malkum Khan, 123).

16 For a comparison of the concepts of freedom and democracy in Iran and Europe at the time, see Katouzian, Homa, Iranian History and Politics (London, 2003), 77–100Google Scholar; “Problems of Democracy and the Public Sphere in Modern Iran,” paper published in Comparative Studies of South Asia, Africa and the Middle East, XVIII/2 (1998), reprinted in Iranian History and Politics, 101–113; and “Licence and Liberty in the Constitutionalist movement,” in the same book, 134–159.

17 Article 13 of the 1906 Constitution, reproduced in Loghatname Dehkohda (Tehran, 1993–94), X: 15342.

18 Article 20 of the Amendment, quoted in Ansari-Lari, Mohammad-Ebrahim, Nezarat bar Matbu'at dar Hoquq-e Iran (Press Supervision in Iranian Law) (Tehran, 1996), 72–73Google Scholar. The last sentence of the article was a verbatim translation from the Belgian Constitution, with the name of the country changed to “Iran.” The article was based on what is now Article 25 of the Belgian Constitution (1970), available on the University of Berne's website: http://www.oefre.unibe.ch/law/icl/be00000_.html.

19 Ansari-Lari, Nezarat bar Matbu'at, 73. Article 79 of the Amendment is based on what is now Article 148 of the 1970 Belgian Constitution, ibid.

20 On the articles of the Amendment, see Moqaddamfar, Hamid, “Seyr-e Tarikhi-ye Qavanin-e Matbu'at-e Iran” (The Historical Development of Iran's Press Laws), Rasaneh Quarterly Journal of Media Studies and Research, 4/1 (Spring 1993), 38Google Scholar. Article 79 was based on what was then Article 98 of the Belgian Constitution, but is now Article 150 of the 1970 Belgian Constitution, http://www.oefre.unibe.ch/law/icl/be00000_.html.

21 On journalists' opposition see Goel, Cohen, Tarikh-e Sansur dar Matbu'at-e Iran (History of Censorship in the Iranian Press) (Tehran, 1983), II: 335–395Google Scholar. The first test of the Press Law came a month after its ratification, with Mohammad-Ali Shah suing the newspaper, Mosavat (Egality), for an article which had accused the monarch of seeking his personal pleasure rather than dealing with the country's pressing problems, and another article which had said the monarch was not really in charge and the country was being run by others. Mohammad-Ali Shah withdrew his case after intercession by the leader of the Qajar tribe, Azodolmolk, who feared that revelations during court proceedings would raise the anger of the public and lower their esteem for the monarch.

22 Dr Kazem, Mo'tamednejad, Hoquq-e Matbu'at (Press Laws) (Tehran, 2000), I: 101–110Google Scholar.

23 Bahar's address reported in Nowbahar, no. 203, 11 June 1915, reproduced in Mass'oud Kouhestaninejad, Asnad-e Dadgah-ha va Hey'at-ha-ye Monsefeh-ye Matbu'ati az Enqelab-e Mashruteh ta Enqelab-e Eslami (Documents on the Press Courts and Juries from the Constitutional Revolution to the Islamic Revolution) (Tehran, 2001), 234–235.Google Scholar

24 Iran had begun life as a Qajar court newspaper in 1871 but had gone through several changes of management and for a while had been edited by Bahar himself, and was to be edited by him again in 1919 and 1920 under Vosuq's government. In 1918, the paper was edited by Khorassani—Mohammad Sadr-Hashemi, Mirza Ali-Akbar Khan, Tarikh-e Jarayed va Majallat-e Iran (The History of Iranian Newspapers and Magazines) (Isfahan, 1984), I: 305–313Google Scholar.

25 ‘Vazi'yat-e Ta'sffo-anguiz-e Matbu'at-e Ma” (The Sorry State of our Press), Iran, 25 March 1918, p. 1, reproduced in Kouhestaninejad, Asnad-e Dadagh-ha, 238–239.

26 Kouhestaninejad, Asnad-e Dadgah-ha, 22–77.

27 Kouhestaninejad, Asnad-e Dadgah-ha.

28 Articles 30–39—Ansari-Lari, Nezarat bar Matbu'at dar, 120–121.

29 Esmaili, Mohsen, Qanun-e Matbu'at va Seyr-e Tahavol-e An dar Hoquq-e Iran (The Press Law and its Evolution in Iranian Jurisprudence) (Tehran, 2000), 26Google Scholar.

30 Syndicate Treasurer, Massoud Mohajer, interviewed by the author, Tehran, 25 August 2002.

31 Article 12, 1986 Press Law, available on the Tehran Justice Office's website, http://www.ghavanin.ir/detail.asp?id=5429.

32 Article 12, 1986 Press Law.

33 Moqadamfar, Hamid, “Matbu'at, Hoqouq, Hodud, Jara'em” (The Press, Rights, Limits, Offences), Rasaneh Quarterly, 1/3 (Autumn 1990): 59–63.Google Scholar

34 Rasaneh Quarterly, 10/2 (Summer 1999): 1.

35 Esmaili, Mohsen, “Dadgah-ha-ye Matub'ati” (Press Courts), in Rasaneh Quarterly, 8/1 (Spring 1997): 69–72.Google Scholar

36 Rasaneh Quarterly, 2/2 (Summer 1991): 98.

37 Gholam-Reza, Kashi, Matbua't dar Asr-e Khatami, Mordad 76–Mordad 79 (Press in Khatami's Era, August 1997–August 2000) (Tehran, 2000), 178Google Scholar.

38 Mr Nowrouzi said the judge had spent “16 minutes” to take the decision to dismiss the jury members, whereas the trial of a serial killer known as the “Vampire of the Night” had lasted two months—Ketab-e Jashnvareh-ye Sheshom-e Matbu'at (The Book of the Sixth Press Festival) (Tehran, 1999), 37.Google Scholar

39 Article 36, Note 1.

40 Article 38, Note 30.

41 Article 6, paragraph 12. This and subsequent articles of the law quoted from the text of the Press Law reproduced in Hamid Rasai, Payan-e Dastan-e Ghamangiz: Negahi beh Zamineh-haye Sodur-e Hokm-e Hokumati-ye Maqam-e Mo'azzam-e Rahbari dar-bareh-ye Qanun-e Matbu'at (The End of the Tragic Story: A Glance at the Background to His Excellency the Supreme Leader's Decree on the Press Law) (Tehran, 2001), II: 392–413.

42 Article 9, Note 7.

43 Article 9, Note 6.

44 Article 9, Note 8.

45 Note to Article 12.

46 Article 33, paragraph B.

47 Head of Tehran Justice Office, Hojjatoleslam, Abbas-Ali Alizadeh, quoted in Association of Iranian Journalists, Daghdagheh-ye Azadi (Angst for Freedom) (Tehran, 2003), 111–112 and 163–164Google Scholar.

48 The intelligence agent accused of having murdered Ms Kazemi was finally acquitted by Iran's appeals courts in November 2005 (BBC News, 16 November 2005, http://news.bbc.co.uk/2/hi/middle_east/4442910.stm).

49 Deputy Minister of Culture and Islamic Guidance, Seyyed-Mohammad, Sohofi, in Rasaneh Supplement, 1/1, 6 June 2004, p. 2Google Scholar.

50 Rasaneh Quarterly, 14/4 (Winter 2004): 16–18. Fifty-two of the ninety newspapers closed down between 1998 and 2004 had received their licenses after Mr Khatami's election in 1997.

51 Kasra Nouri, editor of Iran, the license for which is held by the Ministry of Culture and Islamic Guidance, interviewed by Rasaneh Supplement, 1/2, 21 June–5 July 2004, pp. 6–7.

52 Shargh's publisher, Mehdi Rahmanian, interviewed by Rasaneh Supplement, 1/1, 6 June 2004, p. 7.

53 Ayatollah Shahroudi's news conference, ISNA, 9 March 2005, http://www.isna.ir/Main/NewsView.aspx?ID=News-503795.

54 Eqabl daily, 7 March 2005, p. 4.

55 Iranian Students News Agency, ISNA, reports: 1 March 2005, http://www.isna.ir/Main/NewsView.aspx?ID=News-500036, and 2 March 2005, http://www.isna.ir/Main/NewsView.aspx?ID=News-500089.

56 Dr Mohsen, Esmaili, “Jaygah-e Ertebatat dar Qanun-e Barnameh-ye Chaharom-e Towse'eh,” Rasaneh Quarterly, 15/1 (Summer 2004), p. 84Google Scholar.

57 Khabarnameh-ye Deneshjuiy (University Students’ News Bulletin), 2 March 2005, p. 2.

58 Hossein, Sahidi, Journalism in Iran (London, 2007), 132Google Scholar.

59 Tamaddon-e Hormozgan (Hormozgan Civilization), based in Hormozgan province. There were protests against the paper and several staff members were arrested. Most were soon released. BBC Persian Service, 4 July 2006, http://www.bbc.co.uk/persian/iran/story/2006/07/060704_mf_afroutan.shtml. The paper's manager, Ali Dirbaz, was given a 20-month jail sentence—BBC Persian Service, 9 April 2006, http://www.bbc.co.uk/persian/iran/story/2006/04/060409_jb_dirbaz-hormozgan.shtml.

60 The cartoon, published in Iran's weekend supplement, had illustrated an article on public health aimed at children, written in humorous language. The paper was closed down until September and the cartoonist and the editor of the supplement were imprisoned for several months. BBC News, 28 May 2006, http://news.bbc.co.uk/2/hi/middle_east/5024550.stm (6 September 2007).

61 Iranian Students News Agency, ISNA, 12 September 2006, http://www.isna.ir./Main/NewsView.aspx=News-787579. Among other places, the cartoon can be seen on the website of Reporters Without Borders (RSF), 12 September 2007, http://www.rsf.org/article.php3?id_article=18834.

62 For details on the interviewee, Saghi Ghahraman, see Zamaneh website, 7 August 2007, http://www.radiozamaneh.org/pejman/2007/08/post_54.html; Shebh-e Weblog, October 2003, http://manwamohajerat.blogfa.com/post-79.aspx.

63 The controversy, which has been covered in a Playboy feature (Pari Esfandiari and Richard Buskin, “Sex in Iran,” http://www.playboy.com/sex/features/sex-in-iran/sex-in-iran.html), arose following the circulation of a video which allegedly showed the actress having sex with a man. The actress said she had been a victim of an “unfounded allegation”—Iranian Labor News Agency (ILNA), 4 November 2006, http://www.ilna.ir/shownews.asp?code=363094&code1=26. For the judicial investigation of the video, see BBC Persian Service, 9 November 2006, http://www.bbc.co.uk/persian/iran/story/2006/11/061108_si-narges-actress.shtml. Iranian police later warned women against “video exploitation” (BBC Persian Service, 23 November 2006, http://www.bbc.co.uk/persian/iran/story/2006/11/061123_mf_warning.shtml) and a bill was presented to parliament for the prosecution, with sentences up to death, of the distributors of “works that denigrate Iranian woman” (BBC Persian Service, 27 December 2006, http://www.bbc.co.uk/persian/iran/story/2006/12/061227_mf_execution.shtml).

64 Tehran Prosecutor, Saied Mortazavi, said Hammihan's publishers and former Tehran Mayor, Gholam-Hossein Karbaschi, had not been placed on bail before the court hearing, which he had not attended personally, but had been represented by his lawyer—Iranian Students News Agency (ISNA), 3 July 2007, http://web1.isna.ir/Main/NewsView.aspx?ID=News-953536.

65 Minister of Culture and Islamic Guidance, Ahmad, Masjed-Jame'i, quoted in Rasaneh Quarterly, 12/1 (Spring 2001): 17. Seventy percent of the respondents to a 2006 online survey said they knew little or nothing about the Iranian press law—http://www.presslaw.blogfa.comGoogle Scholar.

66 Kambiz, Nowruzi, “Azadi-ye Matbu'at az Akhlaq ta Hoquq” (Freedom of the Press from Ethics to Rights), in Majmu'eh Maqalat-e Dovomin Seminar-e Barresi-ye Masa'el-e Matbu'at-e Iran' (The Collection of Articles Presented at the Second Seminar to Study the Problems of the Iranian Press) (Tehran, 1998), I: 287–288Google Scholar.

67 Amir, Hosseinabadi, lawyer, quoted in Rasaneh Quarterly, 12/1 (Spring 2001): 28Google Scholar.

68 The 1960 crime prevention law.

69 Kambiz, Nowruzi, quoted in Rasaneh Quarterly, 12/1 (Spring 2001): 28Google Scholar.

70 Saied, Mortazavi, Jarayem-e Matbu'ati (Press Offences) (Tehran, 2004), 12–13Google Scholar.

71 Vahid, Pourostad, Aara'e Jarayem-e Matbu'ati (Decisions on Press Offences) (Tehran, 2004), 8Google Scholar.

72 Mohammad, Ghaed, “Iranian Law and the Media,” paper presented at the workshop of Communications for Development, Istanbul, June 2006Google Scholar, http://www.mghaed.com/essays/press&publishing/iranian_law&media.htm.

73 Ahmad, Zeidabadi, “Zamani Baraye Tavaqof” (A Time to Pause), Roozonline, 7 August 2007Google Scholar, http://www.roozonline.com/archives/2007/08/006673.php.

74 Mash'allah, Shamsolva'ezin, “Bayad Sabouri Kard” (One Must Adopt Patience), Roozonline, 9 August 2007Google Scholar, http://www.roozonline.com/archives/2007/08/post_3518.php.