Mohammad Saleh Miftah is a lawyer, the former deputy of the headquarters of Amr Be Ma’roof and Nahi Mankar and a principled political activist who completed his education in the field of law. V Continuation of Instagram platform filtering and WhatsApp application is in conflict with Article 79 of the Constitution. In this report, we try to investigate this issue.
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Breaking the law by continuing to filter
According to Article 79 of the Constitution, it is permissible to impose restrictions in special circumstances, this principle says: “In a state of war and emergency situations like that, the government has the right to temporarily establish necessary restrictions with the approval of the Islamic Council, but the duration will be It cannot be more than thirty days, and if the necessity still remains, the government is obliged to obtain permission from the parliament again.”
Based on the same principle, Mohammad Saleh Miftah, the former deputy of Amr Be Maruf headquarters, considered the continuation of filtering as a mistake. He announced in a conversation with the media:
“The continuation of filtering these two platforms based on the decision of the Security Council of the country is in conflict with Article 79 of the Constitution.”
He continued: “Of course, not only this decision that many 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 in this There were detailed discussions by jurists. 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. The former deputy of the Amr Be Maruf headquarters stated:
“There are other legal institutions to make decisions about filtering, such as the judiciary, which, if it makes such a decision, must go through a legal process based on a complaint, indictment and hold a court with the presence of a jury, and reach a verdict, or the committee for determining criminal cases, which in this Barah is the decision-maker, they can give a verdict, but the task of issuing a verdict in the National Security Council or similar councils is clear. Each restriction is only valid for 30 days, after which the government must resolve it. This bill should be reviewed in public and voted for, and if voted for, it should go to the Guardian Council and be approved there as well. This license will only be valid for one month.”
According to this conversation and the statements of the lawyer and politician; Mr. Mohammad Saleh Miftah, the continuation of Instagram and WhatsApp filtering since November 1, based on the resolution of the National Security Council, has no legal status and is considered a violation of the law. What is the reaction of the officials to this matter?
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