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Hijab Legislation in Cyberspace: the Government Expands its Efforts to Suppress Personal Freedoms in Iran

 

Nine months have passed since the “Woman, Life, Freedom” uprising, which sparked significant changes in Iranian society.

Women, who make up half of the population and have faced various forms of oppression throughout history, have redefined their position in public spheres, including the digital realm. These changes have led to significant shifts that deserve recognition. Freedoms, once subtly and sporadically attained, have evolved into expressions of individual liberty, and hijab choice has become an ingrained aspect of women’s daily lives. Nevertheless, it’s crucial to acknowledge that these transformations still impose substantial challenges on women.

The government, on the other hand, is trying to counter this movement by closing legal loopholes and using its full range of authoritative powers. The goal is to restore the eroded authority of its patriarchal rule.

In this context, the “Chastity and Hijab Culture Support” bill was introduced into the Iranian parliament. As expected, this bill in part focuses on addressing the hijab issue in the internet domain.

Besides criminalizing non-compliance with hijab rules, a notable feature of this bill includes the penalties imposed for “indecent exposure in cyberspace,” which involves deleting personal pages and suspending social media accounts. However, these punishments are difficult to enforce due to the lack of representative offices from widely used international platforms in Iran, such as Instagram, Twitter, Telegram, and others.

At the same time, this issue reveals the logic behind the link made by Iranian cyber policymakers and advocates of the Cyberspace Service Regulation System Act—especially the Supreme Council of Cyberspace and the Ministry of Information and Communications Technology of Iran. They tie the unblocking of these platforms to the condition that these platforms set up local representative offices in Iran. This demand is closely related to the requirement that these platforms comply with the rules imposed by the Islamic Republic in the online space.

The regulations that Iranian policymakers emphasize and that domestic platforms are mandated to enforce lay out a series of stipulations. These include granting judicial and security officials the power to access user data and the ability to suspend individuals’ accounts.

The “warden” initiative, which consisted of four phases and aimed to tackle instances of hijab non-compliance during this period, was another measure taken by Iranian law enforcement and the Iranian Cyber Police (FATA). Its goal was to ensure that the enforcement of mandatory hijab for women remained under their control and prevent any loss of authority in this regard.

This initiative identified and warned tens of thousands of individuals for allegedly violating hijab guidelines on the internet. Moreover, hundreds of them were arrested and faced legal proceedings. In line with this effort, numerous businesses and organizations were fined, shut down, or penalized.

These businesses and organizations were accused of various charges, such as “promoting the absence of hijab, engaging in exhibitionism, partaking in explicit modeling, broadcasting immoral and pornographic content live, as well as involvement in body sculpting practices.”

For years, Iranian authorities have been restricting the activities of modeling pages and hair salon accounts on Instagram, citing reasons such as sharing individuals’ private photos, sharing images considered contradictory to “public modesty,” or the “misuse of customer images.” However, it appears that the recent widespread crackdown serves a dual purpose: to instill fear and unease among users and to discourage posting images without wearing hijab in the online space.

During this period, the Ministry of Culture and Islamic Guidance implemented its latest circular measures. These directives are designed to stop the activities of artists who have opposed compulsory hijab in the online sphere or have supported the “Women, Life, Freedom” movement.

Meanwhile, while Baluch media activists and Baha’i citizens have faced pressure for their efforts to expose the challenges and restrictions faced by their communities for a long time, this trend has taken a new turn in the past three months. 

One of the prominent events during this period was the widespread arrest of political and social activists who have actively participated in the Clubhouse app, mainly due to their engagement in virtual panel discussions.

The “Chastity and Hijab Culture Support” Bill: Limiting Individual Freedoms in Cyberspace

Iran’s judiciary finally introduced the “Chastity and Hijab Culture Support” Bill after months of discussions, assurances, and official warnings. After undergoing review, the government then forwarded the bill to Iranian parliament on May 30. A key aspect of this bill is to target those who oppose mandatory hijab within the online domain.

Article 6 of the “Chastity and Hijab Culture Support” Bill outlines the following provisions: “Any individual engaged in promoting anti-hijab sentiments or advocating nudity in the realm of cyberspace shall receive a warning from the cyberspace police (FATA). If the objectionable content remains unaltered, the FATA Police (Law Enforcement Command of the Islamic Republic of Iran) will proceed to deactivate the individual’s webpage, website, information hub, or membership on social networking platforms. Should these measures prove infeasible or if the individual persists in their activities, a three-to-six-month suspension of internet services will be imposed. In instances of repeated offenses or the continued propagation of the harmful consequences of the individual’s actions, the case will be referred to judicial authorities. Subsequently, the individual may be subjected to imprisonment or a substantial fine of the sixth degree, alongside a suspension of internet services for one to two years. Should restricting internet access be unachievable, the monetary fine will be escalated by one degree.”

This is the first time that sharing images to support voluntary hijab (as opposed to compulsory hijab) has been made illegal. Previously, only images that were considered “indecent and lewd” under Chapter 4 of the Computer Crimes Law faced penalties.

Sections “b” and “c” of the first article of this bill provide examples of cases that fall under the jurisdiction of legal authorities, such as full nudity, exposure of body parts, or wearing revealing clothing that accentuates the body. However, it is worth noting that this bill does not explicitly address the use of images that show people without hijab online.

Simultaneously, there are reports of individuals being summoned for not wearing hijab in their profile pictures on the internet. On June 7, 2023, a citizen tweeted that two of his female coworkers were asked to go to  the Ershad Judicial Complex after receiving a text message just because their LinkedIn profile photo did not have a hijab.

Of note, in documents released by the “Anonymous” hacker group from the prosecutor’s office, there are emails that suggest the pursuit of legal actions against individuals who do not comply with the mandatory hijab in online spaces, even in the absence of explicit legal authorization. These emails date back at least a year.

In another case, a photographer and model had her Instagram work page seized by the prosecutor general’s office in July 2022 for not following the hijab mandate. She then wrote a letter to the institution, asking them to also suspend the pages of her competitors in the name of “upholding justice.”

Setting aside the illegality of the entire procedure, this case shows the obvious and hidden social harm that such confrontations can cause, potentially creating societal polarization and exacerbating distrust in society.

Online Influencers and Celebrities Under Scrutiny

In a study regarding the material in commercial advertisements within Iran, the Research Center of the Islamic Legislative Assembly has advocated for creating legislation and imposing restrictions in this area. The report has pointed out a legal gap in the advertising domain in Iran.

The report also limits the promotion of immigration through advertisements and calls for a ban on such material on various platforms. The center stresses that many people with a lot of online influence in the tourism industry are active in the digital sphere and emphasizes the need for approval from relevant authorities. The Majlis Research Center has also asked these influencers to be accountable for their online promotion efforts and to follow the regulations specific to this field.

Article 4 of the previously mentioned  “Chastity and Hijab Culture Support” bill explicitly outlines penalties for influencers promoting non-hijab attire.

Enforcement of the “Warden” Initiative: Illicit Police Coercion of Citizens Allegedly Due to Hijab Non-Compliance

The Iranian police launched a comprehensive initiative called “Warden” on April 15 to address the issue of hijab non-compliance. This initiative had the approval of the Ministry of Interior and consisted of four different components, with “Warden Four” targeted explicitly at regulating activities within the online space.

“Warden Four” was designed to target individuals, including public figures, who personally reject the compulsory hijab or promote such behavior in the online sphere. Ahmad-Reza Radan, the head commander of the Law Enforcement Command of the Islamic Republic of Iran, announced the start of legal proceedings against specific prominent figures and influencers within this strategy.

Since the beginning of this initiative, law enforcement and judicial actions have been carried out nationwide, impacting thousands of webpage operators, individuals, and business owners who earn income through social media advertising. These actions have been based on allegations of non-compliance with hijab regulations.

According to Saeed Montazeralmahdi, the spokesperson for the Law Enforcement Command of the Islamic Republic of Iran, this initiative identified and reported over 10,000 individuals to the Public Security Police.

In this context, Vahid Majid, the director of the Iranian Cyber Police (FATA), declared on April 24, 2023, the heightened focus on monitoring citizen activities within the digital realm. He cited instances of this enhanced approach toward influencing citizens’ way of life, such as “advocating against hijab, indulging in exhibitionism, participating in explicit modeling, live broadcasting of immoral and pornographic material, and engaging in body sculpting practices.” He also revealed that they detected 1927 instances related to these issues.

Calling these behaviors “deviations from the norm,” he stated that 500 instances have resulted in legal and operational interventions. According to his explanation, these interventions encompass a range of actions, such as “issuing warnings, issuing summonses, content removal, and implementing blocks.”

This approach was implemented across different provinces of the country. In Tehran, the FATA police reported dealing with 380 websites with more than ten million followers and apprehending 40 individuals. In Mazandaran, law enforcement targeted 541 social media pages, resulting in 34 citizens being handed over to judicial officers. Similarly, in Isfahan, the provincial FATA head examined 450 social media pages whose content, according to his assessment, was “indecent and conflicting with the principles of pure Islamic culture.”

Police measures are directed at the administrators of these pages, even if they are regular citizens or proprietors of small enterprises such as photography studios, sports clubs, fashion, or modeling, who had appeared on their social network pages without adhering to the mandatory hijab.

Illicit Closure of Businesses and Organizations due to the Publication of Images of People without Hijab Online

 

The “Warden” initiative and its components, namely, Warden Plan 2 and Warden Plan 3, have closed many businesses and organizations for not following the hijab regulations. A considerable portion of these entities were identified through their social media profiles. They were closed because their customers did not wear hijab and their videos were shared online.

During the period spanning from April to June, a range of establishments faced closures for the same reasons. These included a psychological center in Gilan, the Lotus cinema campus in Nazi Abad, a business within Tehran’s Opal shopping center, and numerous restaurants and coffee shops. Notable illustrations of this enforcement approach encompass the restaurants “Zeus” in Saadat Abad and “Chilay” in Nahj al-Balagha Park. Additionally, the Fars News Agency reported the shutdown of a bookstore owned by Iranian director and actor Soroush Sehat in Rasht. This action was taken due to the bookstore’s sharing of images featuring individuals dressed in a manner deemed inappropriate.

The legality of such actions is highly questionable, even within the legal framework of the Islamic Republic’s judiciary. According to Attorney Nemat Ahmadi, in a conversation with Shargh Daily, Article 638 of the Islamic Penal Code stipulates that only the individual who directly commits the “offense” of not wearing the hijab should face punishment, and the subsequent closure of a business or establishment due to their presence, are not legally justifiable under this provision.

Mohsen Borhani, a legal scholar, senior attorney, and academic member of Tehran University, highlighted in an interview with the Feraru news site that Article 114 of the Criminal Procedure Law underscores that “production and service centers cannot be confiscated even when the shop owner commits an offense.” Drawing attention to this aspect, he poses a pertinent question: “Does the act of opening a shop in which a woman without a hijab shopped genuinely result in societal corruption and harm?” He further emphasizes that the legislator has taken economic considerations related to people’s livelihoods into account, and the closure of a commercial establishment would only be warranted if its operation directly leads to misconduct and detriment within society.

Confronting Political and Social Activists Based on the Pretext of Participating in Online Roundtables

Some of the political and civil activists who were arrested in late April are Abdollah Momeni, Ghorban Behzadian Nejad, Keyvan Samimi, and Alireza Beheshti Shirazi.

The specific allegations against these individuals were undisclosed at the moment of their arrest; however, it appears that their detentions were linked to their involvement in the “Dialogue to Save Iran” event conducted on Clubhouse. This conference was organized by a collective of political and civil activists within and beyond Iran’s borders. The discussions during the event centered around Iran’s future trajectory, emphasizing consensus regarding the transition away from the Islamic Republic through peaceful means.

In under a month, during the final week of June, after reports emerged about the detention of numerous activists in Tehran, the identities of some of these individuals were disclosed. Alireza Abdi, Sayeh Seidal, Danial Amin, Sarvenaz Misaghian, Amir Akhavan, Nima Navidnia, and Farhang Azadmanesh are among the Clubhouse-active activists arrested in Tehran.

Clubhouse is an audio-based social media platform that gained popularity in Iran owing to the participation of governmental figures; however, it was completely blocked starting in the autumn of 2022.

The government-controlled news agencies in Iran broadcasted forced confessions from two young men as part of another effort to suppress online dissent, especially on the eve of Majidreza Rahnavard’s birthday – the first person publicly executed for his involvement in the Mahsa Amini protests. These individuals were said to be the “administrators of the youth of Mashhad neighborhoods Telegram channel.” These forced admissions were disseminated through The Islamic Republic of Iran Broadcasting. In these statements, the two men admitted encouraging people to participate in protests through their Telegram channel. While the channel was run by a group of four individuals, the identities of the detained participants were not revealed.

 

On April 30, four Baha’i individuals were taken into custody due to their online activities. The detainees, namely Attaullah Zafar, Waliullah Ghadamian, Mansour Amini, and Shadi Shahidzadeh, were actively using the internet to raise awareness about the recent limitations and prohibitions imposed on the burial of Baha’i community members. Iran’s Human Rights Documentation Center has reported that their case has been forwarded to the Revolutionary Court.

Detainment of Two Citizen-journalists and Uncertainty Surrounding the Situation of a Baloch Activist

During the past month, the province of Sistan and Baluchestan has witnessed consistent instances of extensive internet interruptions and shutdowns. Additionally, Baloch online activists have encountered pressures exerted by security forces.

Hedayatullah Noti Zehinia, also known as Mohammed Zehi, Mohammad Reza Hassan Zehi (Gorgij), and Ruhollah Rasouli, have all been arrested due to their social media activities during this period.

Police Confrontations with Artists

According to a report in the Tehran edition of Shargh newspaper on May 22, five pop singers have been banned from their artistic activities in the country. The ban has been enforced by the “Committee for Monitoring the Status of Artists,” as reported by Bahman Babazadeh, a music journalist. The affected singers include Reza Sadeghi, Mohsen Yeganeh, Amir Maghareh (of Makan Band), Babak Jahanbakhsh, and Omid Hajili. Babazadeh further noted that in some cases, such as Reza Sadeghi’s, the ban extends to working in and leaving the country.

The Committee’s purpose is to punish public figures who supported the anti-government protests that happened last year. The Committee has also criticized artists who have deviated from the principles upheld by the Islamic Republic.

The illegal treatment of artists in the film industry continued. Despite Mohammad Khazaei, the director of the Iranian Organization of Cinema and Audiovisual Affairs, stating in a February 2023 interview that “the way is open for a return to cinema, even for actors who have abandoned the hijab,” a letter emerged in the media in June. In this letter, Habibullah Ilbeigi, the deputy in charge of evaluation and oversight at the Iranian Organization of Cinema, seemed to urge the head of the Cinema Producers Union to avoid including actors and crew members associated with the national uprising in movies.

In this letter, film producers were warned that to prevent potential problems in getting a screening permit, they should not work with artists and crew members who, according to him, “have posed issues by contravening societal norms and disregarding the nation’s laws (for instance, by not adhering to the hijab, etc.).”

Confirming this news, film producer Mohammad Shayesteh said on a television program that questions about the status of the director, producer, and actors have been added as requirements for getting a screening permit. He also explained that if any of the actors break the rules even a week before the film’s release, the release will be stopped.

Over the past several months, numerous female artists have expressed support for the nationwide uprising by sharing photos on their personal social media accounts without wearing the hijab. Additionally, male artists and directors have voiced their discontent with the current circumstances by posting critical messages.

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