Securityism and Criminal Defamation in the Laws of the United States and Iran: A Study in Light of Fundamental Human Rights

Document Type : Research Paper

Authors

1 Assistant Professor at Shiraz University

2 Graduate of Criminal law and criminology at Tehran University, Lecturer at University

10.22099/jls.2024.48382.5010

Abstract

Securityism and Criminal Defamation in the Laws of the United States and Iran: A Study in Light of Fundamental Human Rights Abstract: Criminal defamation encompasses measures or actions that, as mandated or authorized by judicial authorities, lead to the public humiliation and loss of dignity of individuals, including both criminals and, in certain instances, the accused. Such measures have found their place within the criminal justice systems of various countries, most notably the United States of America, where they have become more prevalent due to influential political events and the adoption of a security-oriented criminal policy. In Iran, criminal defamation is similarly present in its legal framework, having been incorporated into the Islamic Penal Code of 2013 and the Criminal Procedure Law of 2013, particularly in cases involving the dissemination of a criminal record. Examples of criminal defamation in Iranian law, akin to their American counterparts, reflect the characteristics of security-oriented criminal policy, such as zero tolerance, risk-oriented criminal approaches, and a disregard for fair trial standards. Given the undesirable aspects of securitization, this research investigates the relationship between securityism and criminal defamation while examining their manifestations in American and Iranian legal systems. This study raises fundamental questions about the function of criminal defamation, ultimately concluding that Iranian legislation has embraced criminal defamation through a security-oriented lens, necessitating a substantial reconsideration of this aspect of the law.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 26 January 2024

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