http://journal.refah.ac.ir/ Jurisprudence and legal studies of media en daily 1 Fri, 22 May 2026 00:00:00 +0330 Fri, 22 May 2026 00:00:00 +0330 http://journal.refah.ac.ir/article_735112.html In a world of increasing media diversity and entertainment sources, this research aimed to identify the audience analysis pattern of Iranian women regarding television and Home Video Network (HVN) series and to understand the needs and motivations of this sensitive, influential audience group. The study employed a qualitative methodology using the Grounded Theory approach. Data was collected and analyzed through in-depth interviews with 13 media experts and communication managers. The findings reveal that attraction factors to Television primarily revolve around family-centric values, the necessity of women's personal and developmental growth, and content alignment with Iranian-Islamic culture. Conversely, the Home Video Network (HVN) appeals to younger and more modern audiences by leveraging higher production quality, professional actors (celebrities), diversity in female characters (including female protagonists), and newer narrative rhythms. Challenges for Television in this context include an incomplete and male-dominated image of Iranian women, weakness in ideation/agenda-setting, passive roles for female characters, and excessive regulatory constraints. In contrast, HVN's challenges mainly relate to the misrepresentation of social realities, promotion of negative role models, increased on-screen violence, and deviation from socio-cultural value structures. Audience Typology further revealed a generational and cultural distinction: religious, middle-aged/elderly, family-oriented, and rural women constitute the main TV audience, while young, educated, urban, modern women with diverse tastes and familiarity with new technologies show a greater inclination toward HVN. Finally, this study emphasizes the need to bridge the gap between cultural values and the demand for complex, high-quality representations to formulate an indigenous model for effective content production targeting Iranian women. http://journal.refah.ac.ir/article_735330.html In earlier times, personal information was vested with a sacred and inviolable dignity. It resembled a Chaste Beloved—a presence whose identity and revelation belonged solely to its possessor, and whose unveiling required a deliberate, explicit, and often ritual act of consent. Disclosure of such information was not a trivial or routine occurrence; it was an exceptional and purposeful gesture, typically grounded in trust and offered only to an intimate confidant. In today’s digital lifeworld, however, that same personal information has been pulled from its sanctified realm and transformed into a Profane Beloved: data rendered public, priced, and tradable, continuously circulated, exchanged, and commercially exploited in data markets—often without any explicit consent from its subject. This passage from the Chaste Beloved to the Profane Beloved marks a historical rupture, one that has unsettled the very foundations of the right to privacy and the possibility of relying on it as a protective doctrine. In this context, extending the logic of the right of publicity into the domain of personal data is no longer a mere theoretical preference; it is a legal and ethical necessity. Only through such a shift can the boundaries of privacy be reconstructed in a world where disclosure is no longer the exception, but the default condition. http://journal.refah.ac.ir/article_735433.html The rise of digital technologies has profoundly reshaped the notions of privacy and human dignity within human rights law, giving rise to the need for redefining the “Right to Be Forgotten” (RTBF). This right, particularly vital for children as the first generation of digital citizens, embodies the capacity to control personal data and to be free from an imposed digital past. Adopting a descriptive–analytical and comparative methodology, this study examines the philosophical, ethical, and legal foundations of the RTBF in light of the Court of Justice of the European Union’s landmark Google Spain judgment (2014) and explores its potential for protecting children online. The central research question asks whether, and to what extent, the RTBF can be implemented in a manner that prioritizes the best interests of the child while maintaining a balance between freedom of expression and human dignity. Findings indicate that the CJEU’s ruling—by recognizing the legal responsibility of search engines to remove irrelevant or harmful data—provides a normative basis for expanding child protection in the digital sphere. Interpreted through Article 16 of the Convention on the Rights of the Child and General Comment No. 25 of the Committee on the Rights of the Child, the RTBF emerges not merely as a technical mechanism for data erasure, but as an essential right ensuring children’s dignity, healthy development, and freedom from imposed digital memories. The paper concludes that the effective realization of this right requires binding international standards, corporate accountability of digital platforms, and child-centered procedures enabling minors to exercise agency over their personal data. http://journal.refah.ac.ir/article_734543.html Imaging of patients and their publication in the media is one of the emerging challenges at the intersection of the health system, media law, and Islamic jurisprudence. With the spread of digital tools and the ease of imaging and content distribution, the need to review the Sharia and legal regulations related to patient privacy has become more urgent. This study, with the aim of analyzing the jurisprudence and legal aspects of publishing patient images, focuses on variables such as the location and time of imaging, type of tool, purpose of publication, and patient consent. Using qualitative and inferential content analysis methods, data were collected and analyzed from legal sources such as the Islamic Penal Code, the Computer Crimes Act, the Patient Rights Charter, and jurisprudential texts including the Quran, hadiths, and jurisprudential rules. The findings show that from a legal perspective, imaging of patients in private places of medical centers and publishing it in mass media without valid consent is criminalized and requires registration and documentation in emergency situations. From a jurisprudential perspective, rules such as the sanctity of surveillance, the rule of dominance, non-harm, and beneficence prohibit imaging and its publication without the patient's consent, except in emergency cases. Ultimately, the research suggests a conceptual and indigenous framework that can serve as the basis for developing a transparent national guideline, including the requirement to obtain informed consent, limiting purposes to treatment and education, controlling imaging tools, and carefully distinguishing permitted locations and times. This framework will help improve the quality of health services, protect patients' rights, and increase public trust in the health system. http://journal.refah.ac.ir/article_733373.html In audio-visual media, direct (live) and indirect (produced and recorded) broadcasting are used to transmit messages and present various programs. Some contemporary jurists, who are mentioned in this article as those who believe in separation, believe that watching or listening to programs presented in the form of these two types of broadcasting are different in terms of religious ruling. Perhaps watching or listening to a program directly (such as watching men's swimming competitions for women) is considered forbidden, but receiving the same program indirectly is considered permissible. Famous jurists do not distinguish between these two types of broadcasting in terms of religious ruling and consider the ruling of both to be the same. In this study, which was prepared using a descriptive-analytical method and using library resources and related software, after explaining the evidence for the separation view, such as the separation of sound and image from the narration of sound and image, the emergence of narrations in the optional verb, the clarification of the narration on separation, the emergence of titles in the implicit in the original, the rule of proximity and the withdrawal of the mind to live broadcasting, They were analyzed and reviewed, and by citing evidence such as the applicability of the evidence of the rulings of the visible and audible, the wisdom of legislating the rulings, the association of separation with nonsense and futility, the contradiction of the viewpoint of separation with customary understanding, and the necessity of a ruling belonging to a single subject, the famous saying has been confirmed and emphasized. http://journal.refah.ac.ir/article_735183.html The application of artificial intelligence technologies in the field of family law, particularly in the process of the dissolution of marriage, constitutes an emerging area of research. This study examines the role of artificial intelligence across the pre-dissolution, dissolution, and post-dissolution stages, and explores the opportunities, challenges, and boundaries of intervention of this novel technology within the framework of Imamiyyah jurisprudence and the Iranian legal system. The central research question addresses the position of artificial intelligence in the process of marital dissolution from the perspectives of Imamiyyah jurisprudence and Iranian law. The research adopts a descriptive–analytical methodology, utilizing library-based and online resources. The findings indicate that applications of artificial intelligence encompass pre-dissolution counseling, analysis and authentication of digital documents, case-outcome prediction algorithms, as well as the monitoring of financial obligations and the scheduling of visitation arrangements. Enhancing the speed and accuracy of adjudication, increasing transparency and procedural documentation, and predicting potential case outcomes are among the key opportunities offered by this technology during the dissolution of marriage process. Moreover, the utilization of artificial intelligence in the context of marital dissolution, within the evidentiary framework of presumptions (amārāt), has the potential to promote judicial justice, reduce the burden on the judiciary, and improve support for families. Nevertheless, it also entails challenges such as violations of privacy, algorithmic bias, ambiguity in legal responsibility, and conflicts with jurisprudential principles and human dignity. Furthermore, under the current legal framework, final judicial decision-making and direct intervention in rulings are considered to fall outside the permissible scope of machine involvement. http://journal.refah.ac.ir/article_735185.html The Holy Quran, as a guidebook for mankind, encompasses all aspects of individual and social life. This characteristic of the Holy Quran is not limited to a specific land or a specific time, but is true across the History of human life and the all lands.Therefore, when faced with emerging phenomena, referring to the Holy Quran and trying to understand and unravel their complexities by finding the meanings and themes related to the subject in the Holy Quran can lead to find effective insights and directions theoretically and in practice.The issue of disinformation in mass and social media and the production and dissemination of fake news are among the most acute and pervasive issues in today's mediatized and networked world, requiring appropriate media, communication, and social confrontation.This article focuses on the life story of Prophet Joseph (PBUH), which narrates Quranic-historical examples of disinformation. Three groups of verses from Surah Yusuf in which fake news is seen (the story of Prophet Joseph being eaten by wolves, Zulaykha's lie that Prophet Joseph assaulted her, and the fake story of Benjamin stealing the precious Egyptian cup) are used as a basis to identify the method of creating fake news by finding the commonalities of these stories. http://journal.refah.ac.ir/article_735434.html The purpose of this research is to examine the function of the media in representing honor prejudices and the extent of its impact on crime rates that stem from patriarchal culture. The present study was conducted using a qualitative research method with a library approach using printed documents and internet databases. The traditional perception of women's status in Iran has led to behaviors that are commensurate with it, including men's desire to exert power over women, which is justified as honor prejudice. Since the continuation of the harms caused by these prejudices is related to the traditional and cultural challenges of society, what leads to stopping the cycle of transmission of these beliefs and considering such rituals reprehensible is the use of the influential power of the media as a modern tool for culture-building. In this regard, discovering the connection between crime and the media and proposing strategic suggestions is the origin of cultural criminology. The ease of access to mass media throughout the country allows the media to be effective in correcting a false culture that values ​​unconsidered prejudices under the pretext of honor worship by creating new civic norms. Cultural criminology theorists have pointed to the role of the media in changing or stabilizing the patriarchal culture and have proven that the biased representation of honor-related violence by the mass media under the influence of populist policies, apart from its effect on the process of forming criminal motives among individuals in society, introduces some deviations that are not crimes as deserving of punishment and introduces men as their perpetrators, and this method of information dissemination leads to the normalization of crimes and violence that are committed with honor motives. http://journal.refah.ac.ir/article_734588.html Today, virtual social networks are widely used not only for personal communication but also as a source of information in judicial cases. This research, employing a descriptive-analytical method and a library-based approach, examines the applications and challenges of virtual social networks. It seeks to answer the following questions: To what extent can evidence from social networks be used in judicial cases, and what functions and challenges do these evidences have in the judicial system? The findings of this study indicate that content from social networks, particularly in family law cases, civil liability, and cybercrimes, can serve as admissible evidence. However, their use comes with challenges such as privacy violations, the spread of false information, impacts on the impartiality of judges and juries, and violations of children's rights.In Iran's legal system, laws such as the Electronic Commerce Law and the Regulations on the Collection and Admissibility of Electronic Evidence have legally enabled the use of social network evidence. However, obstacles such as the inaccessibility of data from foreign platforms and the denial of document attribution have limited the practical effectiveness of these laws. Judicial precedent has also shown considerable caution in relying on social network evidence, likely due to these challenges. Yet, as society moves toward digitalization, such caution seems less justified and may deprive the legal system of the benefits these networks offer in uncovering the truth and facilitating judicial proceedings. This study, emphasizing the need for more precise regulations, judicial training, and the development of technical infrastructure, provides recommendations for the more effective utilization of social networks in judicial processes. http://journal.refah.ac.ir/article_735184.html The rapid development of financial technologies and the widespread use of cryptocurrencies, while offering economic and innovative advantages, have simultaneously created fertile ground for sophisticated crimes such as money laundering, cyber fraud, terrorist financing, and tax evasion. Characteristics such as user anonymity, cross-border transactions, and the absence of centralized oversight highlight the necessity of rethinking Iran’s criminal policy in this domain. This study, conducted through a descriptive analytical method and grounded in Clarke’s situational crime prevention model, examines legal and institutional strategies to prevent cryptocurrency-related crimes. Findings indicate that effective prevention requires a multi-layered approach, including the enactment of transparent regulations and preemptive criminalization, the formal recognition of licensed cryptocurrency exchanges, comprehensive legislation on digital assets, the development of a national cryptocurrency, the registration and insurance of cryptocurrency ownership, and the establishment of technological and regulatory infrastructures. Furthermore, the integration of social and situational preventionparticularly through public education and the enhancement of citizens’ legal and digital literacy emerges as a necessary condition for reducing criminogenic opportunities and strengthening legal resilience against emerging digital threats. Accordingly, the integration of criminal, legislative, and social policies within a coordinated, multi-institutional framework is the only effective pathway for controlling cryptocurrency-related crimes in the Iranian legal system. http://journal.refah.ac.ir/article_735438.html As a pervasive media, Video Games can shape social and cultural norms. However, the anti-peace content in these games, including extreme violence, promotion of drug use, and discrimination, can be a threat to the internal and external peace of societies. Using an analytical-descriptive method and examining international documents such as human rights conventions and Security Council resolutions, this article analyzes the capacities and limitations of international law in dealing with this content and seeks to answer the question of whether it is possible to extend the international obligations of governments under international law to computer games and computer game companies to deal with anti-peace teachings in computer games. The findings show that despite the existence of appropriate legal frameworks, the lack of transnational regulatory mechanisms and the tension between the principle of state sovereignty and international obligations have challenged the effective implementation of these norms. Finally, solutions are proposed to strengthen the role of international law in regulating the content of computer games. http://journal.refah.ac.ir/article_734541.html Rapid advancements in artificial intelligence technology have created novel challenges in personal data protection that existing legal frameworks struggle to address effectively. Using qualitative content analysis of scientific and legal documents published between 2018 and 2025, this research identifies and examines deficiencies in current legal systems when confronted with advanced AI capabilities. The findings reveal that challenges such as the "black box" problem of AI algorithms, conflict between data minimization principles and AI's need for extensive data, inefficiencies in informed consent mechanisms, gaps in regulatory coverage of foundation models, and lack of international regulatory harmonization are among the most significant shortcomings. This research proposes approaches for redefining key data rights concepts such as informed consent, the right to be forgotten, and transparency, while presenting a comprehensive framework consisting of fundamental principles, implementation mechanisms, and legal and technical solutions. The main innovation of this research is the introduction of a "distributed accountability" model that allocates responsibility among all actors in the AI ecosystem. This framework establishes a balanced approach to AI regulation by maintaining equilibrium between protecting fundamental individual rights and promoting innovation. http://journal.refah.ac.ir/article_735173.html The rule of "forbidden aid for sin" is one of the important rules of jurisprudence, based on which any assistance or cooperation in committing a forbidden act is considered forbidden and sinful. This rule, which has its roots in the teachings of the Quran and Sunnah, plays a significant role in the social and moral interactions of Muslims. In the present era, with the emergence of digital media and devices such as smartphones, the scope of this rule has expanded significantly and has raised serious questions about the religious responsibility of users and content producers. This article examines the key concepts of the rule of "forbidden aid for sin" and uses reliable jurisprudential sources to examine the role and position of the rule in the media space and examines its examples in the use of smartphones. Finally, the article shows that, based on this rule, users, content producers, and media software developers each have a specific jurisprudential responsibility, the failure to comply with which leads to the deviation and corruption of the religious community and imposes irreparable material and spiritual losses on it. http://journal.refah.ac.ir/article_735432.html Cyberspace has become an inseparable part of modern human life and is expanding at an astonishing pace with the rapid emergence of various types of online intermediaries. The presence of numerous advantages and disadvantages has necessitated precise and specialized legislation in this area. Developed countries have gained valuable experience in this domain, and utilizing their regulatory approaches can significantly accelerate the secure and sustainable development of this field in Iran by addressing similar challenges. The findings of this comparative legal study of Iran, the United States, and the European Union demonstrate that Iran's current legal framework is not capable of keeping pace with the evolving needs of cyberspace. Given the inefficiency of existing regulations, a comprehensive, prompt, and coherent revision is essential to simultaneously safeguard individual rights and support the growth of domestic content-hosting platforms. Ultimately, this research analyzes the current legal situation in Iran, outlines the desirable regulatory framework, and identifies existing legislative gaps. It also proposes the essential prerequisites and requirements for formulating a practical and enforceable legal structure aimed at implementing the «Safe Harbor» Doctrine within Iran's digital environment. This proposed legal framework may pave the way for positive developments in the fields of national technology governance and digital law. http://journal.refah.ac.ir/article_735497.html With the expansion of new media and social networks, the phenomenon of newsmaking in cyberspace has become one of the most important legal and social challenges. Newsmaking, meaning the production, distortion, or dissemination of news with specific motives, can have many harmful effects on public opinion, social order. From a social perspective, newsmaking in cyberspace is often done with the aim of attracting attention, settling political scores, or creating public excitement, and at deeper levels, it reflects a kind of structural distrust between society and official institutions. From a criminological perspective, the phenomenon of newsmaking can be the result of a connection between individual motives (including psychological emotions and the desire to be seen), social contexts (such as the lack of transparent media), and structural conditions (such as the lack of media oversight). Also, the boundary between professional journalistic misconduct and criminal action is in many cases unclear and needs to be redefined. This article, using a comparative approach - Imami jurisprudence and statutory law - examines the criminological foundations and effects of this phenomenon, and presents challenges and preventive solutions. According to the research findings, criminal news production in cyberspace, also faces challenges in the legal system such as lack of transparency in defining instances, gaps in accurate criminalization, and lack of rapid verification mechanisms. Finally, solutions at three legislative, judicial, and cultural levels are presented with the approach of crime prevention, strengthening non-security monitoring processes, and amending laws governing media crimes to reduce this phenomenon.