Article 17 of the Computer Crimes Law was approved in 2018 in order to fight against cyberspace crimes. According to this law, anyone publishes or makes available to others through computer or telecommunication systems audio or images or private or family videos or other secrets without his consent except in legal cases, in a way that leads to loss or customarily damages his dignity. will be sentenced to imprisonment from ninety-two days to two years or a fine of five million (5,000,000) Rials to forty million (40,000,000) Rials or both punishments.
In fact, Article 17 of the Computer Crimes Law is organized in 5 different sections and 55 articles. Article 17 of the law, after the approval of the Islamic Penal Code in 2013 to the Law of Police Force, one expert in information and communication technology to be selected by the Industries and Mines Commission of the Islamic Council and one representative of the Islamic Council to be selected by the Legal and Judicial Commission and approval It will be the Islamic Council and the head of the committee will be the Attorney General of the country.
Islamic punishment has been added. According to Article 22 of the Law on Computer Crimes, the committee for determining instances of criminal content consists of ministers or representatives of the ministries of education, communication and information technology, information, justice, science, research and technology, culture and Islamic guidance, the head of the Islamic Propaganda Organization, the head of the Broadcasting Organization and is the commander
What is the punishment for wrongdoers in the law of computer crimes?
According to Article 17 of the Computer Crimes Law, any person using computer or telecommunication systems and systems can publish or make available to other people, without his consent, private and family films and secrets of others, using computer or telecommunication systems, in such a way as to cause harm. and insulting their dignity, according to the law, he will be sentenced to imprisonment from ninety-two days to two years or a fine from five million (5,000,000) rials to forty million (40,000,000) rials or both.
Important points about computer crimes
At the beginning, we mentioned committing a crime in the field of computer crimes that fall under Article 17 of the Law on Computer Crimes. Some crimes are not included in this law and are actually not crimes. For example, we can refer to the private photos or videos of others, which we do not count as computer crimes through private televisions or publishing through print or paper or distribution of unauthorized CDs. Defamation in this situation is based on the previous laws of Islamic punishment.
Another case that is not considered a crime in this context is the publication of other people’s images with judicial permission, referring to Article 17 of the Computer Crime Laws, in the event that an order for prosecution and surveillance and the preparation of documents of the criminal acts of individuals has been issued with the coordination of the judicial authority and the permission of the hearing judge. Publishing with a judicial order or disclosing information for exploitation in the case is not considered a crime.
In the event that harm or defamation is done to people from a customary point of view, the condition of criminalization is included in Article 17 of computer crimes. When an explanation is given about committing a material act and act, and in Article 17 of the Law on Computer Crimes, there is no loss or damage to the plaintiff, or there is no defamation in the customary sense, this act is not considered as a criminal act.
Another thing that is important in computer crimes related to the publication of obscene and vulgar images is the lack of effect of the plaintiff’s consent. If the criminal has obtained the consent of the plaintiff, it will not affect the criminalization process. According to the Computer Crimes Law, the publication of obscene and vulgar images and videos, which are criminalized in the Law on the Punishment of Persons Who Engage in Unauthorized Activities in Audio-Visual Matters, will not be allowed by this law, because the very nature of this act is criminalized with or without the consent of the persons involved. has been
What are computer crimes and what are the laws related to them?
To prevent computer crimes, the law of computer crimes has been developed, which has various provisions. In this part of the article, we will examine the various articles of this law.
Article 14 of the Computer Crimes Law
Whoever produces, transmits, publishes, distributes or trades obscene content by means of computer or telecommunication systems or data carriers, or produces or stores or keeps with the intention of sending or publishing or trading, shall be imprisoned from nineteen days to two years or fined from five to Forty million Rials or both punishments will be imposed.
- Note 1: Committing the above actions regarding vulgar contents will result in the conviction of at least one of the above punishments. Vulgar contents and works refer to works that have obscene scenes and images.
- Note 2: If obscene content is sent to less than ten people, the perpetrator will be fined one to five million Rials.
- Note 3: If the perpetrator has made the acts mentioned in this article his profession or commits them in an organized manner, if he is not recognized as a corrupt person, he will be sentenced to the maximum of both punishments stipulated in this article.
- Note 4: Obscene content refers to a real or unreal image, sound or text that shows the complete nudity of a man or a woman or the genitals or human intercourse or sexual act.
Article 15 of the Computer Crimes Law
Anyone who commits the following acts through computer or telecommunication systems or data carriers will be punished as follows:
- If, in order to obtain obscene content, he incites, incites, threatens, entices, deceives, or facilitates or teaches them how to obtain obscene content, he shall be imprisoned from ninety-two days to one year or fined from five to twenty million Rials. or both punishments. Committing these acts regarding vulgar contents will result in a fine of two to five million Rials.
- If he incites or incites or threatens or deceives people to commit crimes against modesty or the use of drugs or psychotropic substances or suicide or sexual deviations or acts of violence, or if he facilitates or teaches the way of committing or using them, he will be imprisoned in Nodvik. day to one year or fine from five to twenty million Rials or both punishments.
- Note: The provisions of this article and article (14) will not include those contents that are prepared or produced or maintained or presented or distributed or published or traded for scientific purposes or any other rational expedient.
According to the computer crime law, what is the punishment for publishing lies and defamation?
Dealing with defamation complaints in the computer crime law has the following different articles:
Article 16 of the Computer Crimes Law
According to this article, anyone who changes or distorts a film or sound or another image through computer or telecommunication systems and publishes it or publishes it with knowledge of the change or distortion, in such a way as to defame him or her, is subject to imprisonment from Nodvik. day to two years or a fine of five to forty million Rials or both punishments.
- Note: If the change or distortion is obscene, the perpetrator will be sentenced to the maximum of both prescribed punishments.
Article 17 of the Computer Crimes Law
Anyone who publishes or makes available to others, through computer or telecommunication systems, private or family audio or video or other secrets without his consent, in a way that leads to damage or usually causes his dignity to be defamed, is condemned. The punishment is imprisonment from ninety-two days to two years or a fine from five to forty million rials or both.
Article 18 of the Computer Crimes Law
Whoever, with the intention of harming others or disturbing the public or official authorities, publishes falsehoods or makes available to others through the computer or telecommunication system, or with the same intentions acts contrary to the truth, directly or as a quotation, to a natural or legal person or official authorities. explicitly or implicitly, regardless of whether or not material or moral damage is inflicted on another person through the mentioned means, in addition to the restoration of dignity, imprisonment from ninety-two days to two years or a fine from five to forty million Rials or Both punishments will be imposed.
What is the role of lawyers in pursuing cyber crimes?
As you know, computer or cyber crimes are considered new crimes; Therefore, people do not know much about the punishment and rights related to these crimes. You can take steps to get justice and reduce punishment with the help of a cybercrime lawyer specializing in cybercrimes and computer crimes of Dadista Group. Dadista Law and Arbitration Institute, consisting of expert and professional lawyers in the field of cyber, will help you in this field. The help of a cybercrime lawyer increases your chances of success in cybercrime cases.