Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (May 2017)
Analyzing Supervision Method over Dramatic and Cinema Works in The Constitutional Legal System of iran(1928-1979)
Abstract
Government supervises over artistic works on 2 forms including: Licensing and persuit System. In first, government shall issue license for creating and publishing artistic works and in this method, the right to freedom of artistic expression is limited. However, in second method, there is fundamental principle of freedom and upon creating and publishing artistic work only in case of violation of laws and regulations, the government may take duly action and there is no requirement for issuing license before producing or publishing artistic works. This article attempts to examine this issue within frame of constitutional legal system in relation to dramatic works and films since 1927 until victory of Islamic Revolution and it is concluded that on the contrary of complementary of The Constitution of constitutional system that has selected the principle of freedom, the statute law in all of the aforesaid years was based on licensing system. Moreover, finding out problems and formalities of aforesaid system refers to following weakness including: 1) Governmental structure of members of licensing system and negligence for holding related associations. 2) Lack of fair deadline for issuing license of producing and publishing artistic works.3) criminal sanction for violation of Licensing System in artistic works.
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