نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The rapid evolution of mass and digital media, and their influence on public opinion and security crises, have heightened the significance of media within the international legal order. The transnational nature of information flows has made the distinction between legitimate freedom of expression and risks like hate speech and hostile propaganda increasingly complex. This study addresses a fundamental question: to what extent do current international legal frameworks balance the protection of media freedom with the application of legitimate restrictions?
This research employs a descriptive-analytical method to examine the scope of media operations under international law. It critically analyzes international human rights instruments—most notably Article 19 of the International Covenant on Civil and Political Rights (ICCPR)—alongside official interpretations and the jurisprudence of international judicial institutions. The objective is to evaluate the legitimacy of restricting media expression under both normal and emergency conditions.
The findings demonstrate that despite the principles of ‘legality,’ ‘necessity,’ and ‘proportionality,’ the existing legal regime faces significant normative and operational challenges in adapting to modern media. The ambiguity in interpreting concepts like ‘national security,’ combined with inadequate oversight, enables states to adopt expansive and sometimes unjustified interpretations of media freedom. Consequently, this study argues that a re-evaluation of the boundaries of media freedom, alongside strengthening the criteria of necessity and proportionality, is imperative to ensure the efficacy of the international legal regime in the contemporary communication era.
کلیدواژهها English