According to the constitution, the only legislative body in the country is the Islamic Council. In fact, Parliament cannot delegate its legal powers to other institutions, and the powers of the legislature to approve laws are exclusive and non-delegable. On the other hand, it should be noted that the Supreme Council of Cyberspace or the Supreme Council of the Cultural Revolution and similar structures are not just policy makers and legislators, so they do not have the right to legislate, but are based on the plan approved by Parliament. On June 8, the Supreme Council has the right to enter the virtual space and … legislation.
The reasons for this decision must be heard from the plan’s designers and voters in the eleventh parliament. In general, in my opinion, this idea is basically not the right idea, but in this plan, the representatives kept the approvals of the Supreme Council of Cyberspace, the Supreme Council of the Cultural Revolution, etc. of people’s lawsuits through the supervisory court. In my opinion, this is the second and biggest mistake. In any case, experts, analysts and science scholars must get into this and clarify the hidden dimensions of the problem with awareness and information.
On the other hand, it is true that this paved the way for the adoption of initiatives such as the Cyber Protection Initiative. Because people no longer have the right to protest and the decision of the Supreme Council of Cyberspace or the Supreme Council of the Cultural Revolution is supposed to be the law. In this sense, the rights of the nation are lost. But during the implementation of the defense plan, the representatives first tried to follow up on this position through the public forum. Later, the issue was handed over to the Special Committee in the form of Article 85, and finally it was removed from the agenda of the Special Committee after numerous criticisms from the people. By following this path, when a project like “Amendment of Institutional Laws and Judicial Procedures” is approved with this matter, the mental outlook of people and experts will be directed towards it. Paving the way for the adoption of the defense plan.
Everyone agrees that virtual space needs legal guidelines just as much as physical space. Nobody agrees to promote unethical issues, behavioral distortions, fraud, etc. in the cyberspace. But if some people and currents want to restrict or prevent the free flow of information in society under the guise of such a structure and deal with it in a categorical and political manner, it will not be effective and will not lead to public opinion. It is both.
The Guardian Council may object to this decision. The members of the Guardian Council may say that this decision restricts the basic rights of the people and must be deleted from the agenda. Finally, the Guardian Council rejects this decision in accordance with certain principles of the Constitution.
* Published in Etimad magazine