Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Abstract

With the growing application of artificial intelligence (AI) in governance processes including in content regulation and the monitoring of freedom of expression emerging challenges have arisen in the domain of public law and human rights. In the Islamic Republic of Iran, the increasing deployment of intelligent technologies in cyberspace governance, particularly through algorithmic filtering, automated identification of "harmful" content, and surveillance of social media platforms, has raised fundamental questions regarding the compatibility of these tools with the principle of freedom of expression and the legal obligations arising therefrom. The principal research question addressed in this study is: What legal challenges does the use of AI technologies in the regulation of freedom of expression pose in Iran, and to what extent are such practices consistent with international human rights standards. The findings indicate that AI implementation in Iran primarily serves a control-oriented function. The absence of transparent legal frameworks, fair trial guarantees, and effective judicial oversight has resulted in serious threats to the right to freedom of expression. Moreover, the lack of clear criteria for the design and deployment of algorithms has undermined public trust and led to violations of human rights standards. This study adopts a qualitative methodology based on documentary and comparative legal analysis. It examines the jurisprudence of the European Court of Human Rights, interpretations by the United Nations Human Rights Committee, domestic Iranian regulations, and technology-related policies governing cyberspace. Additionally, by utilizing AI-based tools such as network analysis and natural language processing models, the functionality and behavior of content-restricting algorithms are critically assessed.