What is a union statement about Satra’s guidelines / legal basis? Mehr News Agency Iran and world’s news

According to the Mehr news agency, citing the public relations of the online video companies ‘association, the online video companies’ association issued a statement listing the legal objections to the two instructions published by Satra He called for the possibility to be provided by the competent institutions to write and prepare a draft law / bill in the field of universal audio and video.

The text of the statement of the board of directors of the association is as follows:

Following the publication of two guidelines entitled “Business Communications in Audio and Video Media” and “Media Justice and Protection of Competition” Historian March 1 of this year without going through the legal process مصرح In the second article of the “Law on Continuous Improvement of Business Environment” by Satra It has been announced that the board of directors of the online video companies’ association, while expressing deep concern about the restriction and threat of their business sphere, announces the legal objections and problems that are obvious and hidden as a result of these two instructions:

-Because the main source of law in our country is the will of the people and this Will According to the Constitution of the Islamic Republic of Iran, it is directly represented by the members of the Islamic Consultative Assembly, or according to the law approved by the same Assembly, a part of the government has the authority to regulate it in a way that is in accordance with the fundamental rights of the people. مصرح It shall not be inconsistent with the Constitution or other applicable laws, it shall be ratified, promulgated and enforced. Therefore Issued Instructions that violate a current act or omission, contrary to basic legal rules, and mass To declare or impose duties on the mass audio and video media is in clear violation of the fundamental rights and in the competence of the organization issuing the two notifications. Said is not.

Documented in paragraph A of Article 92 of the Law on the Sixth Economic, Social and Cultural Development Plan, which reads as follows: And art and creating the necessary security for the production and publication of works and Ahra Licensed cultural and artistic programs until the end of the first year of law enforcement Pre-program The government is obliged to remove restrictions, reduce regulations, and facilitate relations for the production and display of cultural and artistic works. Unfortunately, these two communicative instructions have been prepared and communicated without regard to the fundamental rights and legal competence and in a contradictory manner with the law of the Sixth Plan.

-Since the Satra As a regulator of this activity Sepehr Introduced and a subsidiary of the Radio and Television Organization, which is one of the main actors and competitors in the production and display of products. multimedia Is to rule Wisdom And according to the legal rule of conflict of interest, it can not be an observer, regulator and arbiter of neutrality in this emerging and developing field in our country.

– The second article of the instructions published with the title of commercial communications in audio and video media As The whole mistake. This article states that the advertising content must be in accordance with the policies and documents of the cultural, economic and social upstream documents in the country and the communication policies. Satra Be. This is while in law, red lines and منهیات And not that everything can be adjusted to conform to policies that sometimes make sense on a daily basis. In the subject laws and upstream documents such as the Supreme Council of the Cultural Revolution, a set of prohibitions on the production and display of existing works has been approved. The preparation and communication of such materials is contrary to the legal rule that “any current act or omission is permitted unless Previously It is stated in the law ”is contrary to and deprives the citizens of their authority and will and is within their competence exporter This is not an instruction.

Articles 51 and 54 of the Children and Adolescents Regulations section state that advertising content for children should not be such that they feel inferior or pressure their parents to access that product or service. This is due to the decrease in people’s purchasing power and the unacceptable increase بهای Commodities and the devaluation of the national currency, even for the promotion of a bicycle, which is generally one of the first needs of children and adolescents, can be subject to the prohibition of this directive.

– Among other regulations that are contrary to the fundamental rights and laws in this instruction, the regulations regarding marketing by individuals are effective. In Article Eighty Handbook It is stated that the media are allowed to use influential people in advertising if ممنوع‌الکار نباشند. this material Contrary to right It is the first work and activity of individuals. By law, the prohibition of employment or the restriction of social rights only by law Or vote A final competent court is possible. The fact that the broadcaster is willing to treat (sometimes illegally) its own treatment of media activists by the private-sector audio-visual media as well. Spread Is one of the serious legal objections to this instruction. Article 82 also prohibits the display of audio and video media advertisements on unauthorized advertising channels. Based on Legal principle «Ugly Being an eagle بلابیان” with this a matter Which is the legal authority to detect and declare, but declares illegal media and channels Did not And every day, the directors and experts of the radio and television, according to their personal taste and perception, can consider the channels and media as allowed or not, it is a tool to limit the prosperity of the business.

– Contradictions of the directive entitled “Media justice and protection of competition in the audio-visual media” فزون Contrary to the basic principles of trade secrets and competitive advantage in the market, it is in conflict with fundamental rights and relevant laws such as civil law, commercial law, e-commerce law, consumer protection law, and this idea It appears that its regulators intended to draft new laws in this area.

And, finally, how to deal with violations and due process provided in these guidelines. بدور Of the rules of religion Adjustment proceedings Has been.

The Association of Online Video Screening Companies requests from the competent authorities in this field such as the Islamic Consultative Assembly, the President, the President of the Judiciary and the National Cyberspace Center to form a joint working group of specialized members with the presence of stakeholders and stakeholders to write and prepare the plan. / Legal bill in compliance with legal principles with the perspective of the Center for the supply of audio and video in نجد Provide Iran.