A Comparative Analysis of Monitoring Streaming Television Content in Accordance with Iranian Law and International Standards

The difference in approaches among cinema authorities in the realm of multimedia services, particularly in the processes of granting licenses and monitoring the non-governmental sector within the audiovisual domain, including the Video on Demand system (VOD), has a lengthy history in Iran. Nonetheless, the delineation of duties, organizational structures, laws, and regulations reveals that legal authority for monitoring the digital distribution of television content is vested in the Ministry of Culture and Islamic Guidance. Additionally, the Islamic Republic of Iran Broadcasting and the Ministry of Communications and Information Technology both assert themselves as the primary responsible organizations for issuing licenses and monitoring activities pertaining to Streaming Television products, encompassing the digital distribution of television content, streaming television, and more. Remarkably, it becomes evident that all three organizations, despite international precedents and even recognized legal standards, advocate for the implementation of a regulatory system that does not align with legal principles, the essence of art-media activities, the nature of the digital space, and its rapid evolutions. The continued pursuit of this approach, particularly in the context of the digital distribution of television content, could create significant obstacles to the advancement of this field. Furthermore, it has the potentiality to infringe upon the fundamental rights of citizens and hinder the establishment of an effective and efficient regulatory framework. Thus, this research seeks to examine the legal arguments presented by the concerned parties, analyze the existing laws and regulations, scrutinize interpretations by legal institutions, and, based on legal principles and theories, consider international standards and the approaches adopted by specific countries. The ultimate aim is to identify the most suitable authority for overseeing digital audiovisual contents and to deliberate on the constraints associated with such authority's oversight.