Document Type : Original Article
Authors
1
PhD student in private law. Mustafa University (Community). Qom, Iran.
2
Assistant Professor, Law Department, University and Seminary Research Center, Qom, Iran
3
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
10.22034/jhsrj.2026.2086268.1062
Abstract
Abstract
Background and Objective: In recent years, blocking cyberspace has become one of the fundamental challenges of public and human rights; on the one hand, cyberspace is considered the main platform for individual communication, education, economic activities, and social participation, and on the other hand, the spread of security threats, harmful content, and cultural and social harms has led governments to adopt restrictive policies.
Materials and Methods: The present study is descriptive-analytical and based on library studies. Ethical considerations: In the present study, the principles of trustworthiness, honesty, impartiality, and originality of the work have been observed.
Findings: If the blocking of cyberspace is carried out in accordance with the law, in order to ensure public interests and national security, the principle is that the state will not be held liable, even if this action subsequently causes harm to some users.
Conclusion: Since there is no specific legal text in this field, custom and common sense play a decisive role as a criterion for determining the legitimacy of government actions. Finally, although compensation for all public losses resulting from legal government actions is not mandatory, from the perspective of justice and human rights considerations, compensation for part of these losses from public resources can be considered as a protective policy.
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