End of the IRIB Chief's Term

The legal structure and legal status of the Islamic Republic of Iran Broadcasting (IRIB) are unclear. What is IRIB's legal personality? Is it a government agency? Is it a state-owned company? Is it a state institution?

The legal structure and legal nature of the broadcasting organization is not clear. It is not known what the legal personality of the broadcasting organization is? Is this organization a government organization? Is it a public company? Is it a government institution?

Ambassador Arjan-Political Group: The legal structure and legal nature of the broadcasting organization is not clear. It is not known what the legal personality of the broadcasting organization is? Is this organization a government organization? Is it a public company? Is it a government institution? Is it one of the institutions that is completely under the authority of the leadership? To what extent should he follow the general rules? And...

Existing laws cannot answer these questions. These legal ambiguities and legal loopholes, which have been brought to the attention of the Parliament, the Research Center of the Parliament, experts and various institutions, have created an uncoordinated and undisciplined situation for this organization, which can practically not be bound by the country's legal regulations in terms of employment, finance, transactions, contracts, planning, content production and other matters. Also, civil liability and criminal liability resulting from the programs of this organization are not known. For example, if someone is insulted in a program, who from the organization should be prosecuted, or if a natural or legal person suffers material loss due to false information on a television program, how should the damage be compensated? One of the important legal ambiguities in the Radio and Television Organization is the term of the presidency of this organization. The law of the National Radio and Television Organization of Iran approved in 1350 had set the term of the CEO for two years. This law is obsolete after the revolution. The Broadcasting Organization Administration Law changed the terms of the statute approved in 1350 and did not stipulate anything about the term of office of the organization's president.

The statutes of the Broadcasting Organization approved in 1362, in paragraph 5 of article 16, set the term of the CEO of the organization for two years. In this statute, the organization is governed by the supervision council. With the amendment of Article 175 of the Constitution in 1368, which placed the appointment and dismissal of the head of the organization in the hands of the leadership, paragraph 5 of Article 16 is also repealed. In this way, the question arises, how long is the term of the presidency of the organization? The existing laws do not give an answer to this question, but in the procedure that the leadership took from 1372, the term of the head of the organization was practically determined for five years. At the time of issuing the sentence of all those who appointed as the head of the organization, he specified: "for five years".

The last decree of the head of the organization is related to the Jebeli agreement, which was announced on the 7th of Mehr month 1400. In this ruling, it was also stated that he is in charge of this position for five years.

Among the set of ambiguities and legal loopholes of the Broadcasting Organization, now the question is raised that if after the end of the five-year period, a new order is not issued for the head of the organization, will the headship of the previous person continue by itself? In order to answer this question, it is necessary to resort to legal interpretation based on general principles and rules.

The commercial law has clearly determined that the responsibility of company managers continues until the appointment of new managers. However, the Broadcasting Organization is not a private or government company, and none of the elements and conditions of a company exist in it. This organization is an exclusive body affiliated with the government organization. For this reason, the issue of his presidency should be compared with other public officials. For example, the parliamentary representation period is four years; After the end of this period, the representative will automatically be removed from his position. This is the reason why Article 63 of the Constitution stipulates that parliament elections should be held before the end of the previous term so that the country will never be without a parliament. The same rule applies to the president as well (the 111th principle of the Constitution). In general, when holding a position is limited by time, after the end of the term, that person is removed from his position and can no longer remain in that position and work; Unless the law has determined other conditions, such as the provision of the Commercial Law on company directors.

In addition, if it is said that the presidency of the organization will continue after five years until the notification of the new decree, the validity of the concept of five years will be lost. In other words, the time limit of five years stipulated in the judgment is canceled and useless. According to the rules of interpretation, any interpretation that causes documents to be canceled and useless to a ruling or law or resolution is rejected. At present, Mr. Jabali's term as president of Sedavasima has ended and no decision has been issued to extend his presidency or to appoint another person. According to the above legal interpretation, with the expiration of the five-year period, he is automatically removed from the headship of the Broadcasting Organization and cannot act as the head of the Broadcasting Organization from October 7, 1405 onwards.

The head of the Broadcasting Organization said: Mohammad Javad Zarif is a guest on TV tonight.

Structural and content limitations have made it less possible for television to deal with current and sensitive issues, and the stories often seem repetitive and predictable. Management concentration and heavy bureaucracy have also reduced the flexibility of television and caused it to fall behind the speed of social changes.

The head of the Broadcasting Organization said: "The strange thing is that when the number of television viewers increases, some figures express their displeasure."