Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Convergence between free flow of information, ownership of information and governance

Document Type : research

Authors
1 PhD Student Department of Public International Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
2 Professor Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
3 Assistant Professor, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
10.22034/ejs.2022.360298.1285
Abstract
Background and Aim: The free flow of information faces challenges from two sides; The incompatibility of the right to free access to information with the right to own information, both of which are confirmed by human rights documents and international law and the effect of free dissemination of information on of "sovereignty" even though both are supported by international law.
Materials and Methods: This research is theoretical and based on descriptive-analytical method. The method of collecting information is library-based and by referring to documents, books and articles.
Findings: The upcoming research has firstly proven that the aforementioned incompatibility is not a conflict of rights, but rather a conflict in the enforcement position. Then, he has presented three solutions for the conflict between the right of "free access to information" and the right of "ownership of information".
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In order to solve the conflict between the right to "disseminate information" and "sovereignty", it is possible to combine the two theories of "technological determinism" and "social constructionism". Finally, none of the rights of "dissemination of information" and "sovereignty" are absolute, but the sovereignty of governments must be considered in the process of disseminating information, and human rights and humanitarian rights must be respected in the process of exercising sovereignty.
Keywords