Legal objections of the country’s computer trade union system according to “Satra” instructions

Theater News Base: The statement of the country’s computer trade union organization is as follows:

“Following the publication of the communiqués” Commercial Communications in the Audio and Video Media “and” Media Justice and Protection of Competition “in the Audio and Video Media on March 22, this year, unfortunately, the content of the published instructions, in addition to substantive and technical problems, can be Attention has caused serious concern to businesses in the field of cyberspace, especially advertising and media platforms.
The Computer Industry Organization of the country, while announcing its opposition to the approach adopted in preparing these instructions, examines some of the problems and consequences of its publication as follows:

1- Before entering into the problems of the existing materials and content, it is necessary to mention the discussion of regulatory disorder in the field of surround sound as the main concern of businesses and activists in this field. The Computer Guild Organization, as the largest private sector organization in the field of information and communication technology, considers the formation of multiple regulators without determining the limits and limits of intervention as the main obstacle to progress in this field. Satra has identified itself as the regulator of the audio-visual field and is developing guidelines that are similar to those being approved by other regulators, such as the Ministry of Culture and Islamic Guidance. It is worth noting that in the field of regulating virtual advertising, which is also the subject of Sadr al-Asharah instructions, the Ministry of Culture and the Central Committee of Advertising Organizations have already prepared a document entitled “Organizing advertising in cyberspace.” Obviously, the confusion of audio-visual businesses will become more apparent despite different and sometimes conflicting guidelines. However, the field of cyberspace, more than any other field, requires rapid changes and developments in such dual monitoring is illogical.

2- Regulatory actions by an institution that has no basis in law and no statute has been formed for it, regardless of the basic legal objections to it, will not only not facilitate businesses, but will also lead to numerous corruptions. Lack of legal structure and lack of determination of the legal status of an institution in the system of legal structures of the country leads to the violation of the rights of regulators and the problem is that it is not clear in which part of the governing structure Satra is located as a regulatory body and which part. Defined in Articles 1 to 5 of the Civil Service Management Law. Now, if one of the businesses or the people object to the opinion of the Committee on Violations, which is the subject of Articles 92 and 92 of the above-mentioned instruction, what decisions can be interpreted as follows, which can be appealed to the judicial and quasi-judicial authorities? Of course, the problems of not determining the legal status of “Satra” do not end here and, for example, has created many ambiguities in various issues such as licensing; According to Article 44 of the Constitution, all executive bodies are obliged to send and review their licenses to the Deregulation Board, and Satra, in the meantime, imposes licenses on businesses without registering in the National Cyberspace Portal. has done.

3- It is noteworthy that Satra, as part of the Radio and Television Organization of the Islamic Republic of Iran, is known as one of the competitors of audio and video service providers. Satra’s economics is one example of this. The conflict of organizational and national interests is the result of this method of regulation. At present, Sada-e Azadi continues to broadcast advertisements on television or its all-inclusive audio and video institutions, regardless of many of the provisions of this instruction, such as banning the broadcasting of advertisements for children under the age of 12.

4- Investigation and investigation of all violations related to this instruction and other approvals of “Satra” is done in the form of a committee called “Committee of Violations”; A committee whose structure and process are not known, nor are its decision-makers known. All the processes of handling violations are in accordance with the instructions entitled “Rules of Procedure and Conditions for Handling Violations and Complaints of Comprehensive Audio and Video Media”. But this instruction is not published anywhere and is not available. In this case, businesses are faced with an environment in which they may at any time be confronted with a vote of opposition to their inalienable rights, while the manner and process of objecting to decisions and even the manner of dealing with it is unclear and ambiguous. In different legal systems, the way of dealing with violations and related procedures is very important in the framework of corporate or personal duties, and Satra’s performance is not in line with this attitude at present. In this regard, it is necessary to mention that many of the guarantees of Satra performances, which are reflected in the “Guidelines for the Protection of the Rights of Children and Adolescents in Mass Audio and Video Media”, have a right and a duty and require the approval of the law by the legislature. .

5. Taking a closer look at the content of the published guidelines, it seems that the scope of the guidelines of Satra and the Broadcasting Organization is not limited to VOD platforms, but also willingly or unwillingly a wide range of businesses, media under the license of the Press and the Ministry of Guidance. It covers software platforms and app publishing markets that, regardless of their apparent inconsistencies with the text of the Commercial Code, merely increase barriers to production and business.

6- Irrespective of the main objections to the approval of the instruction by the “Satra” institution, the content, form and provisions of the instruction also have serious weaknesses. Unnecessary and minor bans will stifle the creative process of delivering advertising to the user. (Articles 32 to 38) Many prohibitions have been created due to the lack of recognition of advertising space, and the prohibition of comparative advertising is similar. In addition to the bans, there are duties on the audiovisual media that are in no way compatible with the competitive aspects and the protection of their trade secrets (Article 65), and many of the provisions are within the jurisdiction of Parliament, with Satra as regulator. It will not have. For example, the provisions related to the protection of personal data due to the extent and necessity of determining the limits of rights and duties are among the duties of parliament. That is why the European Union has ratified its document at EU level and regulators have not been involved.

7. Notwithstanding all the above, the legislature has stated in paragraph A of Article 92 of the Sixth Development Plan Law: “Predict the publication of cultural and artistic works and create the necessary security for the production and publication of works and the implementation of licensed cultural and artistic programs by the end of the first year of implementation of the program law.” In fact, deregulation and elimination and reduction of regulations is a limitation of the government’s task, and the intervention of institutions such as Satra not only does not help the production and publication of cultural and artistic works, but also hinders the production and publication of such products.

In the end, the Computer Guild Organization of the country, while explicitly opposing the content of the published instructions, proposes that while repealing these instructions, a working group consisting of representatives of the specialized commissions of this organization, which are among the main business owners in the country, be formed. “The correct structure and joint efforts of all actors in this field should be prepared and compiled.”