Volume 18, Issue 48 (9-2025)
3 2025, 18(48): 1-16 |
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Pishyar M. The Scope of Crimes Arising from Espionage, Incitement, and Disturbance of Public Opinion in Cyberspace under International Criminal Law. 3 2025; 18 (48) :1-16
URL: http://jnrihs.ir/article-1-656-en.html
URL: http://jnrihs.ir/article-1-656-en.html
Master’s Student in International Law, Payam-e Noor University, Mahdasht, Iran (Corresponding Author)
Abstract: (75 Views)
Cyberspace, as one of the most significant achievements of modern technology, has brought about a profound transformation in global interactions, while simultaneously providing a platform for the emergence of new crimes such as cyber espionage and disturbance of public opinion. Cyber espionage, through unauthorized access to confidential data, theft of sensitive information, or infiltration into digital infrastructures, directly threatens national sovereignty and the security of states. Disturbance of public opinion disrupts social order, public trust, and general comfort by disseminating false, distorted, or provocative content on digital platforms such as Telegram, Instagram, and X. These crimes not only jeopardize national security but also create complex legal challenges at both national and international levels by fostering social and political instability. This article aims to conduct a comparative analysis of cyber espionage and disturbance of public opinion within the framework of Iranian law and the principles of international criminal law. Utilizing library resources and credible legal documents, including United Nations reports (2024), INTERPOL reports (2025), and data from Iran’s Cyber Police (1404), the findings indicate that cyber espionage in Iran has been criminalized with severe penalties, such as imprisonment from 1 to 5 years or even the death penalty under the intensified punishment scheme (1404). However, the lack of a unified definition in international law has limited global cooperation. Disturbance of public opinion has also faced criticism from human rights perspectives due to vague and broad definitions in Iranian law, as it sometimes leads to the suppression of freedom of expression. This research, by examining enforcement challenges, social and political impacts, and legal gaps, proposes recommendations for reforming domestic laws, strengthening international cooperation, enhancing media literacy, and developing technologies for detecting cyber crimes. The ultimate goal of this study is to create a balance between the protection of national security and public comfort while respecting human rights, particularly freedom of expression. This article can serve as a basis for future policymaking in the field of cyber crimes in Iran and globally.
Keywords: Cyber Espionage, Disturbance of Public Opinion, Cyberspace, International Criminal Law, Cyber Crimes Law
Type of Study: Research |
Subject:
General
Received: 2025/08/9 | Accepted: 2025/09/1 | Published: 2025/09/1
Received: 2025/08/9 | Accepted: 2025/09/1 | Published: 2025/09/1
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