A/HRC/40/24
implementation of the Publication and Free Access to Information Act, of 2009, 93 which
enables citizens to access information from State institutions within 10 days of their request,
including on the allocation of public funds.94 Yet, the legislation exempts organs under the
direct supervision of the Supreme Leader95 and excludes non-citizens.
40.
The blocking of websites,96 including Facebook, Twitter and Instagram, remains an
issue of concern. On 30 April 2018, the judiciary ruled that Telegram would be banned for
“disrupting national unity” and “allowing foreign countries to spy” on the Islamic Republic
of Iran.97 With over 40 million registered users, Telegram served as a key communication
tool and supported social and community life as well as business transactions. According to
reports, the ban will primarily affect small and medium-sized companies, as well as lowerincome households unable to purchase online circumvention tools. 98
41.
In the course of 2018, the State continued to promote the use of local platforms such
as Telegram Talaeii and Hotgram, amidst concerns that these may interfere with online
privacy in ways that deter the exercise of the right to freedom of opinion and expression.
These platforms require the creation of user accounts that can only be accessed by holders
of SIM cards that are associated with a national identity document, as dictated by the policy
issued by the Communications Regulatory Authority in 2015.99 As a result, the personal
information of Internet users, including private addresses or photographs, was available on
platforms despite users not having directly registered on the platforms concerned.
42.
Since the introduction of new regulations100 in August 2017 by the Supreme Council
of Cyberspace, the authorities have continuously increased their surveillance capabilities
through the centralization of Internet and related technology infrastructure. The National
Information Network, reportedly developed by the Government, now provides it with the
capability to cut local users off the global Internet while maintaining State-approved
domestic Internet traffic. 101 On 15 January, the Minister of Information and
Communications Technology confirmed in an interview that the National Information
Network allowed security agencies to monitor private accounts and to control national
search engines. 102 In November 2018, the Government proposed a new bill on the
“organization of social messengers”.103 If passed, the bill would increase the armed forces’
interference in and oversight of the Internet infrastructure, and introduce new offences
associated with the use of blocked online applications.
43.
OHCHR has continued to receive reports of the arbitrary arrest, detention and
harassment of mainly Iranian journalists and media workers. Online threats and
intimidation of detained journalists, as well as the public disclosure of personal data
illegally retrieved from those detained, have been reported. The injunction against over 150
former and current staff members of the British Broadcasting Corporation (BBC) Persian
Service remains in place. In addition to the threats and defamatory statements targeted at
them, the impact of the investigation, the freezing of their assets and the threat of arrest
upon return to the Islamic Republic of Iran have had a significant negative impact upon
BBC Persian Service staff and their families.
93
94
95
96
97
98
99
100
101
102
103
See http://rc.majlis.ir/fa/law/show/780303.
See www.article19.org/resources/iran-review-of-the-publication-and-free-access-to-information-act2009/.
See www.article19.org/wp-content/uploads/2018/07/Freedom-of-information-factsheet-ENG-1.pdf.
See www.iranhumanrights.org/2017/06/rouhani-government-closed-seven-million-websites/ and
www.isna.ir/news/96031608592/.
See https://rsf.org/en/news/iranian-court-imposes-total-ban-telegram.
See www.iranhumanrights.org/wp-content/uploads/Closing-the-gates-3-online.pdf.
See https://financialtribune.com/articles/economy-sci-tech/59911/iran-disables-more-unregisteredsim-cards.
See http://bit.ly/2wCsbcT.
See www.iranhumanrights.org/wp-content/uploads/EN-Guards-at-the-gate-High-quality.pdf.
See http://tn.ai/1628696.
See www.isna.ir/news/97082813960/.
11
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