Virtual Space filtering In the light of human rights documents

Document Type : Original Article

Authors

1 PhD Student, Department of Criminal Law and Criminology, Tabriz Branch, Islamic Azad University, Tabriz, Iran

2 Associate Professor, Department of Law, Faculty of Law and Social Sciences, University of Tabriz

3 Associate Professore, Department of Criminal Law and Criminology, Maragheh Branch,Islamic Azad University,Maragheh,Iran

Abstract

Refinement of Cyberspace
in the Light of Human Rights Documents
* Leila Pournajafi Ghoushchi (PhD student in Criminal Law & Criminology)
* Hossein Fakhr (Associate professor at University of Tabriz)
* Babak Pourghahramani (Associate prof. at Islamic Azad Univ., Maragheh)





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he refinement of cyberspace in support of some human rights and freedoms is accompanied by interference with the right to freedom of expression and information, as well as some aspects of privacy, and failure to comply with the principles and rules in its application may even lead to violations of these rights. By considering regional and international documents, it is possible to derive criteria for refining in order to achieve a model that complies with human rights standards which its function can be balanced between the 
constraints of refinement on the one hand and fundamental rights in a democratic society on the other. This article concludes with an analytical-descriptive method that the observance of the four principles inspired by human rights documents in the practice (exercise, applying) of refining, including the principle of legality, the principle of legal purpose, the principle of necessity and the principle of proportionate, while increasing the efficiency of refinement and reducing the grounds for resorting to anti-refining measures by users can prevent unnecessary interference by governments in the fundamental rights and freedoms of citizens.
 

 

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