A Contemplation on " Ban the Use of Satellite Reception Equipment" and Its Juridical and Legal Challenges

Since the time the ‘ban the use of satellite reception equipment’ has been approved, many discussions have been made about it; and its contradiction with some fundamental concepts and rights (which have firm juridical grounds) such as ownership, privacy, lawfulness of using devices with dual use, human rights, and the right of free access to information has caused important challenges for it. On the other hand, emphasis put by those who support execution of this ban has intensified the controversy. Also, the way this ban may be executed has turned into a serious problem and this adds to ambiguities and complexities of the issue. Based on library methodology and through making a comparison between the above-mentioned ban and other laws and while describing the present method of struggling against satellite reception equipment, the present writing proposes alternative ways instead of gathering satellite reception equipment. The results of this study shows that execution of the above-mentioned ban, since they are of dual use and considered as devices with dual use, is according to Muslim jurisprudents in contradiction to laws concerning people’s privacy, Islamic Penal Code, Statement of Islamic Human Rights and many international conventions which have been accepted by Iran. What is proposed in this study is putting emphasis on alternative ways and in particular cultural ones.