پژوهش تطبیقی حقوق اسلام و غرب (May 2019)
Freedom of Information and News and the Limitation of Public Morals in International Law and Islam
Abstract
In the present era, awareness of the events of collective life is considered to be a very necessary human need. In the international legal system, freedom of information and news is regarded as one of the fundamental human rights that, in addition to its inherent importance, possesses a special place due to its operation and support of other rights. Accordingly, on the one hand, it can be said that information has a fundamental and undeniable role in ensuring a democratic society. On the other hand, in international and national legal systems, there is a consensus based in which the scope of freedom of information and information is not absolute, and for which there are limitations that public morals could be referred as one of the most important and ambiguous ones. This article, while studying the concept, position and necessity of freedom of information and news in international instruments and regulations, has examined the nature of public morals in the international legal system and Islam and concludes that in the international legal system a different consideration and interpretation of the concept of public morals was taken into account with regard to the foundations of Islam. Therefore, religious and legal examples are mentioned to assess the limitations of public morals.
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