“A Study of the Fundamentals and Challenges of Criminal Liability for Publishing Criminal Content on Social Networks in Iranian Criminal Law”

The rapid proliferation of social networks in Iran has fundamentally altered the landscape of public communication, providing a dynamic yet volatile environment for the dissemination of criminal content. While these platforms facilitate unprecedented connectivity, they also serve as conduits for offenses ranging from defamation and hate speech to violations of public morality. The Iranian criminal legal system, primarily rooted in traditional paradigms, faces significant structural and conceptual challenges in addressing these modern cyber-threats. This review article aims to critically analyze the conceptual foundations and enforcement challenges of criminal liability for the publication of criminal content on social networks within the Iranian legal framework. Adopting a review-oriented methodological approach, this study synthesizes academic research, legal doctrines, and policy analyses to assess how Iranian criminal law manages the attribution of liability among users, administrators, and platform operators. The findings reveal that criminal liability in cyberspace is no longer a centralized, straightforward issue but a layered, participatory phenomenon. Traditional elements of actus reus and mens rea are severely challenged by algorithmic amplification, anonymous identities, and non-verbal symbolic communication. The study identifies critical gaps in Iranian judicial practice, including the ambiguity surrounding intermediary liability for channel administrators and the persistent evidentiary limitations in cross-border digital cases. The existing legal framework often struggles to distinguish between legitimate freedom of expression and criminal dissemination, leading to inconsistencies that undermine both public security and civil rights. The conclusion emphasizes that a successful legal response requires a multi-dimensional reform strategy, moving beyond reactive, isolated prohibitions. It advocates for the establishment of specialized cyber-judicial expertise, clearer definitions for intermediary accountability, and the integration of digital literacy into national policy. Ultimately, the article argues for a harmonized approach that balances social protection with procedural fairness to create a resilient cyber-legal framework capable of addressing evolving digital realities.

کلیدواژه ها:

Criminal Liability ، Social Networks ، Iranian Criminal Law ، Cybercrime ، Digital Governance