Explaining the dimensions and components of governing commercial advertising in Iranian law

Abstract

Commercial advertising, as a key tool in economic development and consumer attraction, is influenced by jurisprudential, legal, and regulatory principles in Iranian law that aim to preserve human dignity, prevent deception and harm, and align with Islamic and social values. The dimensions governing this area include the cultural-ethical dimension (observing public modesty, avoiding extravagance and waste, and emphasizing spirituality instead of Western materialism), the economic dimension (supporting domestic production, preventing foreign dependence based on the rule of negation of the mustache, and prohibiting deceptive advertising in terms of quantity and quality of goods), the social dimension (preserving public rights, preventing the induction of false needs and abusing the gullibility of children), and the legal-supervisory dimension (multiple policy-making institutions such as the Ministry of Culture and Islamic Guidance, the Iranian Broadcasting Corporation, and municipalities, along with the lack of a comprehensive advertising law). Key components include: prohibition of deception and boasting (based on Articles 50-52 of the E-Commerce Law and jurisprudential rules such as the rule of loss and boasting), disclosure of identity and accurate information (Article 53 of the same law), protection of physical and mental health (Article 51), prohibition of unwanted advertising (Article 55), and special protection of children (advertising regulations and IRIB regulations, focusing on not showing dangerous scenes or encouraging purchases from strangers). Finally, this framework seeks to balance freedom of advertising and consumer protection by emphasizing criminal guarantees (such as fines in Article 70 of the E-Commerce Law) and the need for international coordination (such as EU directives), although there are challenges such as fragmentation of regulations and weak enforcement.