Personal Data Protection and Safeguarding Draft Act June 2019 ● Book One, Chapter Nine, Article 286 defines the crime of efsad-e fel arz (“sowing corruption on earth”), which is punishable by death. This includes a set of ill-defined acts, such as “spreading lies", “establishment of, or aiding and abetting in, places of corruption and prostitution", or “disruption of the economic system” if these actions “cause severe disruption in the public order of the state and insecurity".43 ● Book Two, Chapter Five, Article 262 vaguely criminalises anyone who “swears at or commits qazf”44 against the Great Prophet of Islam” or other prophets and Imams, punishable by the death penalty. Book Five contains key provisions criminalising expression lawful under international human rights law: ● Article 513 criminalises “insult” of the “sacred values of islam” and of religious leaders (punishable by between one and five years’ imprisonment), with “insult” of the Prophet punishable by the death penalty; ● Article 514 criminalises “insult” of the Supreme Leader or the founder of the Islamic Republic, punishable by six months’ to two years’ imprisonment;45 ● Article 500 criminalises “any type of propaganda against the [state] or in support of opposition groups and associations”, punishable by imprisonment of three months to a year.46 This is often abusively applied against journalists and human rights defenders; ● Article 698 criminalises anyone who causes “damage to someone” or disrupts “the opinion of the authorities or the public” through printed or written materials, punishable by two months’ to two years’ imprisonment, or up to 74 lashes; and47 ● Article 618 criminalises “disrupting public order”, punishable by three months’ to a year’s imprisonment, and up to 74 lashes.48 Penal Code Punishments “Article 286: “Any person, who extensively commits felony against the bodily entity of people, offencses against internal or international security of the state, spreading lies, disruption of the economic system of the state, arson and destruction of properties, distribution of poisonous and bacterial and dangerous materials, and establishment of, or aiding and abetting in, places of corruption and prostitution, [on a scale] that causes severe disruption in the public order of the state and insecurity, or causes harsh damage to the bodily entity of people or public or private properties, or causes distribution of corruption and prostitution on a large scale, shall be considered as mofsed-e-fel-arz [corrupt on earth] and shall be sentenced to death". “Iran: Penal Code”, RefWorld, available at: https://www.refworld.org/docid/518a19404.html. 43 44 “Qafz” means the false accusation of sexual offencses. “Article 513 – Anyone who insults the sacred values of Islam or any of the Great Prophets or [twelve] Shi’ite Imams or the Holy Fatima, if considered as Saab ul-nabi [as having committed actions warranting the hadd punishment for insulting the Prophet], shall be executed; otherwise, they shall be sentenced to one to five years’ imprisonment”. “Article 514 – Anyone who, by any means, insults Imam Khomeini, the founder of the Islamic Republic, and/or the Supreme Leader shall be sentenced to six months to two years’ imprisonment". “Islamic Penal Code of the Islamic Republic of Iran – Book Five”, Iran Human Rights Documentation Center, available at: https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/. 45 “Article 500 – Anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations, shall be sentenced to three months to one year of imprisonment". 46 “Article 698, of the fifth book “Anyone who, with the intent to cause damage to someone or to disrupt the opinion of the authorities or the public by [sending] a letter or complaint or correspondence or petitions or reports or distribution of printed or written papers... shall be sentenced to two months’ to two years’ imprisonment or up to 74 lashes”. 47 “Article 618– Anyone who disrupts the order and public peace or prevents people from their business by crying out and creating a row and outrageous behavior or by assaulting other people shall be sentenced to three months to one year of imprisonment and up to 74 lashes". 48 ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 15 of 58