حقوق فناوریهای نوین (Sep 2024)
Evaluating the Need to Obtain a License to Form a Virtual Student Group in the Disciplinary Code of Students
Abstract
equiring students to obtain a license to form a virtual student group with more than a hundred members and considering punishments for the founders of unauthorized groups is one of the new issues raised in the student disciplinary code approved in 1401. The present research has evaluated the necessity of obtaining a license to form a virtual student group in the disciplinary code of students with a descriptive-analytical method and considering the principles of public law. The results of the current research show that the formation of a virtual group is also recognized as one of the public rights and freedoms for citizens and especially students, which from the perspective of formation is a type of freedom of association, from the perspective of use, a form of freedom of access to the Internet and virtual space and from the point of view of participation is also a form of freedom of expression and communication. Based on this, the need to obtain a license to form a virtual student group with more than a hundred members and its violation of the student's disciplinary code, in addition to creating an undue restriction on public rights and freedoms, conflicts with the exceptionality and narrowness of creating restrictions, it also contradicts the principle of legality of crimes and punishments, the right to education, the principle of proportionality and the logic of Posterior supervision.
