In about a week, WhatsApp and Instagram filtering will be two months old, while on the one hand, a number of lawyers consider the continuation of such a restriction for more than one month against Article 79 of the country’s constitution, and some believe that the decision of the Supreme National Security Council For filtering, it is according to Article 176 of the Constitution, and the decision-making in this field depends on this institution and not the parliament.
Mohammad Saleh Miftah, a lawyer and the former deputy of the headquarters of Amr Be Marouf, has provided explanations to Khabar Online in this regard and stated that according to Article 79 of the Constitution, “in a state of war and emergency situations like that, the government has the right, with the approval of the Islamic Council, to temporarily establish the necessary restrictions, but its duration cannot be more than thirty days anyway, and if the necessity still remains, the government is obliged to obtain permission from the parliament again.”
Miftah stated that long-term restrictions deny people’s right to freedom and said:
The durability of filtering these two platforms based on the decision of the National Security Council is in conflict with Article 79 of the Constitution. Of course, not only this decision, many of the long-term restrictions that were taken by the National Headquarters to fight against Corona during the time of Corona, and which deprived the people of their right to freedom, had exactly the same problem, and many times detailed discussions have been brought up by lawyers. Was. There are exactly the same conditions regarding Instagram and WhatsApp filtering, and this decision is in conflict with the law and Article 79 of the Constitution.
According to Miftah, in the matter of filtering, other institutions, such as the judiciary and the committee for determining criminal cases, can also issue rulings through their own legal processes; However, any restriction is only valid for 30 days and after that, the government has to issue a bill on the subject.
This lawyer also explained the following process of this bill: “This bill should be reviewed in public and a vote should be taken for it. If he gets a vote, he will go to the Guardian Council and be approved there as well. This license will only be valid for one month.”
All these explanations have been presented while the continuation of Instagram and WhatsApp filtering has been called against Article 79 of the Constitution, while Mohammad Bahadri Jahormi, a lawyer, university professor and principled political activist, has announced another principle that was approved in line with the amendment of Article 79 and to the limitations of Dedicated security. Bahadri Jahormi has described Article 176 of the Constitution as follows:
Some believe that with the approval of Article 176 of the Constitution in the amendments of 1368 and the approval of the Supreme National Security Council, Article 79 has been assigned to security-related restrictions, and the decision-making authority in this regard is the Supreme National Security Council, not the Parliament.
According to this principle, the description of the duties of the Supreme National Security Council is determined as follows: “Determining the defense-security policies of the country within the scope of the general policies determined by the leadership, coordinating political, informational, social, cultural and economic activities in connection with the general defense-security measures. “Using the country’s material and spiritual facilities to deal with internal and external threats.”
Although this principle was approved and implemented in 1368, at least in the last two months, neither before nor after restrictions were imposed on platforms such as Instagram, WhatsApp and Google Play Store, the news of the approval of the resolution on applying filtering for these platforms It has not been published by the Supreme National Security Council.
This is why some jurists call the continuation of this restriction against Article 79 of the Constitution and emphasize the need to obtain permission from the parliament after one month of restriction for Instagram and WhatsApp, i.e. November 1st.
Despite the fact that there are such differences of opinion about the continuation of the restriction applied to a number of international platforms, so far no body has clarified and explained whether this issue is legal or illegal.