{"id":4182,"date":"2023-03-03T11:57:00","date_gmt":"2023-03-03T11:57:00","guid":{"rendered":"https:\/\/filter.watch\/en\/?p=4182"},"modified":"2025-06-03T08:40:54","modified_gmt":"2025-06-03T08:40:54","slug":"policy-monitor-the-judiciarys-renewed-presence-in-online-policies","status":"publish","type":"post","link":"https:\/\/filter.watch\/english\/2023\/03\/03\/policy-monitor-the-judiciarys-renewed-presence-in-online-policies\/","title":{"rendered":"The Judiciary’s Renewed Presence in Online Policies"},"content":{"rendered":"

Over the past few weeks we have witnessed the role of the Judiciary in restricting Iran\u2019s internet becoming more prominent.\u00a0 While the Judiciary has in the past <\/span>worked<\/span><\/a> hard on plans and legislation for criminalizing online activities, the protests under the banner of <\/span>\u201cwoman, life, freedom<\/span><\/a>\u201d have certainly accelerated the Judiciary\u2019s involvement in internet restrictions and the progress of the <\/span>National Information Network (NIN)<\/span><\/a>.\u00a0<\/span><\/p>\n

In the same vein, on <\/span>4 January<\/span><\/a> the Iranian news outlet <\/span>ISNA <\/span><\/i>reported that the Judiciary will now be working alongside the ICT Ministry to prosecute those who sell, develop, and distribute unauthorized VPNs. The ICT Ministry is responsible for identifying and blocking unauthorized VPNs, while the Judiciary is responsible for related prosecutions. Those charged for such \u2018crimes\u2019 will receive a penalty in accordance with<\/span> Article 753<\/span><\/a> of the Islamic Penal Code which is dedicated to those who \u201ccommit computer-related crimes\u201d.<\/span><\/p>\n

Another development this month on the enhanced role of the Judiciary in online matters was reports of a meeting between the Audio Visual Regulatory Authority (SATRA) <\/span>(operating under the Islamic Republic of Iran Broadcasting- IRIB) and the Attorney General\u2019s Office in January. During the meeting it was decided that all online platforms wishing to publish audio\/visual content will require a license from SATRA. It was also decided that the Judiciary will be present during meetings for granting licenses.\u00a0<\/span><\/p>\n

While the Judiciary was wielding its power in online matters, the ICT Ministry also made strides in work on implementing \u201clayered\u201d or \u201ctiered\u201d filtering plans, the expansion of the National Information Network (NIN) and using internet shutdowns to control and restrict the freedoms of those in Iran.\u00a0<\/span><\/p>\n

Special internet packages with higher speeds or different levels of access to the global internet are rolled out for specific groups such as gamers, freelancers, and developers are being incrementally rolled out. Officially, these measures have been described<\/a> by the ICT Minister, Eisa Zarepour, <\/span>as means to \u201ccircumvent the effect of sanctions\u201d or \u201cnew <\/span>facilities<\/span><\/a> for special sections of society\u201d to deny the reality that this is in fact creating privileged internet access for certain people in the country as decided on by the government, while others are limited to the filtered content and domestic services, the very definition of \u201clayered filtering,\u201d Iran\u2019s latest plan for digital authoritarianism.\u00a0<\/span><\/p>\n

In yet another development that highlights the extent of the normalization of internet shutdowns as means to control Iran\u2019s population, the ICT Ministry and the National Education Testing Organization agreed to implement a localized shutdown in areas where university exams take place, a major human rights violation as a measure to \u201cprevent cheating\u201d.\u00a0<\/span><\/p>\n

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Secretary to the Supreme Council for Cyberspace Resigns\u00a0<\/b><\/h2>\n

On <\/span>29 January,<\/span><\/a> Abolhassan Firouzabadi, the Secretary to the Supreme Council for Cyberspace (SCC) resigned from his post in a letter addressed to President Ebrahim Raisi. He was appointed to the position in 2015, and was sanctioned by the US for human rights violations in relation to the restriction of the internet.\u00a0\u00a0<\/span><\/p>\n

Iran\u2019s ICT Minister Denies the Implementation of \u2018Layered Filtering\u2019 Despite Special Internet Access Being Granted to Certain Professions\u00a0<\/b><\/h2>\n

On <\/span>11 January<\/span><\/a>, the ICT Ministry, Eisa Zarepour, <\/span>denied<\/span><\/a> that giving special access to high speed\/unrestricted internet to certain professions - which was announced earlier in the year for freelancers, <\/span>gamers<\/span><\/a> and programmers - is creating a \u2018layered filtering\u2019 system. He instead offered that this was a \u201cnew facility for a special class\u201d which is in fact the very definition of\u00a0 a system of layered or tiered access to the internet: privileged access to the global internet or with higher speeds for specific sections of society as decided on by the government.\u00a0<\/span><\/p>\n

All Platforms Require STARA Licenses for Publishing Content\u00a0<\/b><\/h2>\n

On <\/span>31 January<\/span><\/a> it was reported by Jam-e-Jam newspaper that following a meeting between the Audio Visual Regulatory Authority (SATRA) <\/span>(operating under the Islamic Republic of Iran Broadcasting- IRIB) and the Attorney General\u2019s Office, it was agreed that platforms are not to \u201cpublish any content with a SATRA license\u201d. It was also agreed that Advisors to the Attorney General would also be attending meetings on issuance of licenses.\u00a0<\/span><\/p>\n

ICT Ministry to Purchase Internet Traffic Generated by Domestic Platforms\u00a0<\/b><\/h2>\n

During the Supreme Council for Cyberspace (SCC) meeting on <\/span>10 January<\/span><\/a> it was agreed that the ICT Ministry will be purchasing the internet traffic generated by domestic platforms and re-selling them to network operators as means to general revenue for these domestic platforms who are not able to sell their own content and data.\u00a0<\/span><\/p>\n

Provincial Cyberspace Councils to Be Setup \u201cBy the End of the Iranian Calendar Year\u201d<\/b><\/h2>\n

During a session of the SCC on <\/span>10 January<\/span><\/a> it was decided that provincial cyberspace councils are to be established in every province in Iran by the end of the Iranian calendar year (March 2023). The role of these provincial councils is to have oversight of the \u201cimplementation of the SCC policies at local levels\u201d.\u00a0<\/span><\/p>\n

Text of the \u201cData Protection\u201d Bill Finalized\u00a0<\/b><\/h2>\n

On <\/span>6 January<\/span><\/a> it was reported by various Iranian news outlets that the text of the \u201cData Protection\u201d Bill had been reviewed and finalized at the Parliamentary Digital Economy Management Commission.\u00a0<\/span><\/p>\n

Efforts to Revive the \u201cUser Protection\u201d Bill by the Majles\u00a0<\/b><\/h2>\n

In an interview on <\/span>21 January<\/span><\/a> Ali Asghar Anabestani MP and member of the Joint Parliamentary Commission for the User Protection Bill said that the \u201cgroup behind the User Protection Bill are looking for a plan to revive the Bill\u201d.\u00a0<\/span><\/p>\n

Further EU Sanctions on Iranian Government Officials and Technology Companies Announced\u00a0<\/b><\/h2>\n

On <\/span>23 January<\/span><\/a> the European Union announced further sanctions on government officials and several Iranian technology companies responsible for human rights violations. The list includes Ahmad Noroozi, the Head of the Islamic Republic of Iran Broadcasting (IRIB) World Service and the CEO of Press TV, the Communications Regulatory Authority, Ravind Academy, Samane Gostar Sahab Pardaz and Imen Sanat Zaman Fara Company among others.\u00a0<\/span><\/p>\n

\u2018Combating Online Gambling\u2019 Resolution Ratified\u00a0<\/b><\/h2>\n

On <\/span>22 January<\/span><\/a> the Supreme Council for Cyberspace (SCC) resolution on Combating Online Gambling was ratified by the body. The resolution is passed as part of the execution of the Macro-Plan for the National Information Network resolution.\u00a0\u00a0<\/span><\/p>\n

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Prosecuting VPN Related \u2018Crimes\u2019 to Begin\u00a0<\/b><\/h2>\n

On <\/span>4 January<\/span><\/a>, the news outlet <\/span>ISNA <\/span><\/i>reported that the Judiciary and the ICT Ministry and other government organizations will be working together to prosecute the sale of VPNs. Those selling, developing, and distributing VPNs will receive a penalty in accordance with Article 753 of the Islamic Penal Code which can include a financial fine and imprisonment. The ICT Ministry is responsible for identifying and blocking unauthorized VPNs and those behind them, while the Judiciary is responsible for related prosecutions.\u00a0<\/span><\/p>\n

Internet Shutdown During University Entrance Exams to Go Ahead\u00a0<\/b><\/h2>\n

On <\/span>11 January<\/span><\/a> Iran\u2019s ICT Minister Eisa Zarepour confirmed that an agreement had been reached between the ICT Ministry and the National Education Testing Organization for the implementation of a mobile internet shutdown in the location of the university entrance exams while the exams were in progress with prior notice to be given to those living in the area.\u00a0<\/span><\/p>\n

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Head of Iran\u2019s Infrastructure Company: Hopes to Turn Iran into a Data Transit Hub\u00a0<\/b><\/h2>\n

According to a post on the domestic social media app on <\/span>30 January<\/span><\/a>, the Head of Iran\u2019s Infrastructure Company, Amir Mahmooud Lajevardi expressed hopes to turn Iran into a \u201c data transit hub\u201d in the region. He added: \u201cduring the last 18 months, international data transit in Iran has increased from 1.3 TBps to 2.9 TBps\u201d.\u00a0<\/span><\/p>\n

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Iran\u2019s ICT Minister: the Unblocking of Clubhouse is \u201cSeriously Likely\u201d\u00a0<\/b><\/h2>\n

On <\/span>21 January,<\/span><\/a> Iran\u2019s ICT Minister, Eisa Zarepour commented that the unblocking of the audio-only social media app, Clubhouse, was \u201cseriously likely in the coming days,\u201d possibly through a decision by the Committee for Determining Instances of Criminal Content (CDICC). Clubhouse was blocked in early 2020 as the platform gained popularity prior to Iran\u2019s presidential election. He added that WhatsApp and Instagram - which have been blocked since September 2022 - were blocked by security bodies, therefore will not be affected by this move.\u00a0<\/span><\/p>\n

Meanwhile, on <\/span>29 January <\/span><\/a>the former Head of the Communications Regulatory Authority (CRA), Hossein Fallah-Joshghani also commented that Clubhouse was blocked without a court order or a decision by the CDICC,\u00a0<\/span>\u00a0<\/span><\/p>\n

Iranian and Russian Banking Apps to Be Linked<\/b><\/h2>\n

According to a number of Iranian news outlets following meetings between Russian and Iranian officials in January 2023, an agreement was <\/span>signed<\/span><\/a> between Russia and Iran to connect Iranian and Russian banks via banking apps.\u00a0 This measure is meant to circumvent the impact of sanctions on both countries which restrict their international financial activities.\u00a0<\/span><\/p>\n

Also in discussion between the two countries is <\/span>cooperation<\/span><\/a> on cryptocurrencies to be used for international payments.\u00a0<\/span><\/p>\n

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Snapp and Irancell to Enter the Tehran Stock Exchange\u00a0<\/b><\/h2>\n

According to the Iranian tech news website <\/span>Peivast<\/span>, on <\/span>12 January,<\/span><\/a> the Iranian delivery and ride-hailing service, Snapp, and the telecommunication company, Irancell are to enter the Tehran Stock Exchange before the end of the Iranian calendar year, March 2023.\u00a0<\/span><\/p>\n

Iran\u2019s Draft Budget for the Upcoming Year: Provisions for the ICT Sector<\/b><\/h2>\n

The draft Annual Budget for the upcoming Iranian calendar year (March 2023 - March 2024) was released in early 2023. The budget makes several references to the ICT sector, some of which are highlighted below:<\/span><\/p>\n