9/3/2014
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20,000,000 to 100,000,000 Rials, or by both the imprisonment and fine, in addition to restitution of the property.
Chapter 4- Crimes against Public Morality and Chastity [Decency]
Art. 14- Every person who products, transmits, distributes, trades, or, with intent to transmission or distribution or trading , produces or stores pornographic
contents by means of computer or telecommunication systems or storage media shall be punished by a term of 91 days to 2 years of imprisonment, or by a fine of
5,000,000 to 40,000,000 Rials, or by both the imprisonment and fine.
Note 1: Committing the aforesaid acts with respect to non pornographic but immoral contents shall result in at least one of the above punishments.
Note 2: In case the pornographic contents are sent to less than 10 persons, the perpetrator shall be punished by a fine of 1,000,000 to 5,000,000 Rials.
Note 3: if the perpetrator has made the acts provided in this article his routine work or commits them in an organized way, in case that not being found guilty of
corruption on the earth, shall be punished by the maximum amount of the both punishments.
Note 4: “Pornographic Contents” refer to real or unreal image, audio, or text indicating the whole nudity of a man or woman, or their sexual organs or sexual
intercourse.
Art. 15- Every person who commits the following acts by means of computer or telecommunication systems or storage media shall be punished as follows:
A) In case of provocating, encouraging, threatening, bribing, alluring, deceiving people to access pornographic contents, or facilitating or training the methods of
gaining access to them, punished by a term of 91 days to 1 year of imprisonment, or by a fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and
fine;
Committing such acts with respect to non pornographic but immoral contents shall result in a fine of 2,000,000 to 5,000,000 Rials.
B)
In case of provocating, encouraging, threatening, inviting, deceiving people to commit crimes against chastity, using narcotic or psychedelic drugs, suicide,
sexual deviations, or violation, or facilitating or training the means of commitment or use of them, punished by a term of 91 days to 1 year of imprisonment, or by a
fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and fine.
Note: The provisions of this article and article 14 shall not refer to the group of contents which are produced , generated, keeped, represented, distributed, issued, or
traded for scientific purposes or any other rational expedients.
Chapter 5- Aspersion of the Dignity and Issuing Lies
Art. 16- Every person who, by means of computer or telecommunication systems, alters or distorts the video, audio, or image of another person, and issues them; or
being aware of such alteration or distort,and issues them- in such a way that conventionally results in aspersion of dignity of them- shall be punished by a term of
91 days to 2 years of imprisonment, or by a fine of 5,000,000 to 40,000,000 Rials, or by both the imprisonment and fine.
Note: In the case that the mentioned alteration or distortion done is in a pornographic manner, the prepatrator shall be punished by the maximum extent of the both
provided punishments.
Art. 17- Every person who, by means of computer or telecommunication systems, issues or makes the audio, image, private or family video, or secrets of another
person accessible to others without permission –other than in legitimate instances- in such a way that conventionally results in aspersion of the dignity of them, or
causes loss- shall be punished by a term of 91 days to 2 years of imprisonment, or by a fine of 5,000,000 to 40,000,000 Rials, or by both the imprisonment and fine.
Art. 18- Every person, with intent to cause damage to another person or distress the public mind or official authorities; and by means of computer or
telecommunication systems, issues or makes accessible any lies; or, with the very same intent, explicitly or implicitly, in person or by quotation attributes unreal acts
to a legal or real person- whether any moral or economic loss is delivered to the committee or not- shall be punished by a term of 91 days to 2 years of
imprisonment, or by a fine of 5,000,000 to 40,000,000 Rials, or by both the imprisonment and fine, in addition to re establishing their dignity, if possible.
Chapter 6- Corporate Liability
Art. 19- In following instances, in case computer cyber crimes are committed by the name of a legal entity and pursuant to its interests, the legal entity shall be
criminally responsible [liable]:
A)
B)
When the computer crime is committed by the director of the legal entity;
When the director orders the computer crime and the crime has been committed
C)
When any of the employees of the legal entity commits the computer crime with the director’s awareness or due to director’s lack of supervision;
D)
When the entire activities of the legal entity or a part of them are allocated to computer crime.
Note 1: The term “Director” refers to the person who has the authority of representativeness, decision making, or supervision of the legal entity.
Note 2: The criminal liability of the legal person shall not exempt the prepatrator from punishment, and in case of lack of terms and conditions provided in the
proceeding this article, or impossibility of attributing the crime to the legal entity, the sole real person shall be regarded responsible .
Art. 20- The legal entities provided in the above article, based on the circumstances of the committed crime, their income range, and the consequences of
committing crime- in addition to payment of 3 to 6 times as much as the maximum extent of fine provided for the committed crime- shall be punished as follows:
A) In case the maximum punishment provided is is up to 5 years, temporary closure of the legal entity from 1 to 9 months, and in the event of repeating the
crime, temporary closure of the legal entity from 1 to 5 years;
B)
In case the maximum punishment provided is more than 5 years, temporary closure of the legal entity from 1 to 3 years, and in the event of repeating the
crime, the legal entity shall be liquidate.
Note: The director of the legal entity which is liquidated based on paragraph (B) of this article shall not be allowed to found, represent, make decisions for, or
supervise any other legal entity up to 3 years.
Art. 21- Access Service Providers (ISPs) are obligated to filter the criminal content which is regulated within the framework of laws, whether resulted from or used to
commit computer crimes, based on the technical criteria and the list provided by the Filtering Committee subject to the following article. The ISP shall be liquidated,
In case of willful refusal of filtering criminal content, and punished by a fine of 20,000,000 to 100, 000, 000 Rials, for the first time, by a fine of 100,000,000 to
1,000,000,000 Rials, for the second time, and by a three year temporary closure, for the third time, in case of carelessly or negligently causing access to the illegal
content.
Note 1: In case that the criminal content belongs to the websites of the public institutions including entities under the supervision of the Supreme Leader, and the
three legislative, executive, and judiciary branches of power of the government, and the non-governmental public institutions subject to the Law of the Index of
Non-governmental Public Institutions and Entities, 19/4/1373, and its amendments, or to the parties, guild or political societies, Islamic societies, recognized religious
minorities, or to other legal or real persons in Iran -identification and communicating to whom is possible- the websites shall not be filtered until the issue of the final
decision based on the order of judicial authority examining the case, and immediate removal of the criminal content’s effect.
Note 2: Filtering the criminal content which is the subject-matter of private plaintiff shall be carried out by the order of the judicial authority examining the case.
Art 22- The judiciary power is obligated to establish the Committee of Filtering (committee of determining the instances of criminal content), within one month from
ratification of the present act, in the location of the Office of the State Prosecutor General. The ministers or representatives of the ministries of Training and
Development, Information and Communication Technology (ICT), Information, Justice, Science, Research and Technology, Culture and Islamic Guidance, the
president of the Islamic Propagation Organization, and the head of the Islamic Republic of Iran Broadcasting, the Commander-in-Chief of the Police, an expert in
information and communication technology chosen by the Commission of Industries and Mines of the Islamic Consultive Assembly (Majis), and one of the members
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