Jurisprudence > Jurisprudence of Press

 

Jurisprudence of Press

Q: Should the fabrication of news be allowed, though such news are not based on factual events if it aims at undermining the enemy?

A: This is not lawful due to the absolute illegality of telling lies, unless there is a binding Islamic interest which leads to the victory of the Muslims over the enemy, that is , it might be weakened, confused and psychologically defeated.

Q: In reference to the previous question, should the fabrication of news be allowed if Islam is not subject to consequent disadvantage?

A:The sole reason of the absence of a disadvantage does not justify the fabrication of false news but there should be a binding interest that is more important than the expected disadvantage of telling lies. Only in such a case this interest is given priority in the circle of preferable competition of interests(1).

 

(!)It is the state in which a choice has to be made between more important interests and less important disadvantages or between two interests, as when someone tells a lie to save himself from an oppressor. Here, illegal lying competes with the obligation of saving oneself . And Survival is given priority because it is more important than the disadvantage of lying.

Q: Is it legally allowed to add to the true news in attempt of making it more persuasive?

A: It’s lawful if the addition is not excessive but a kind of rhetorical expansion of style and atmosphere, whose suggestions are not far from reality; otherwise, it’s not lawful, because it complies with the legal reasoning that prohibits telling lies.

Q: Is it legally lawful to publish news carrying despairing stories which drive the readers to grow hopeless?

A: In principle, it is not lawful because this may lead to the creation of a psychological defeat , to weakness in the line of confrontation, and to the downfall of the nation in the field of Challenges.

Q: Is it lawful to publish the picture of unveiled Moslem women in our Islamic newspapers? What are the legal limitations of publishing the pictures of non –Islamic women?

A: It is lawful as long as it does not lead to encouraging Moslem women to follow this trend- removal of the veil. As for the legal limitations of publishing the pictures of non -Islamic women this must not be done in an indecent way.

Q: Is it legally lawful for our Islamic newspapers to publish news without taking the permission of news-owners, who might not want them revealed .

A: If these news are among the secrets hidden by their owner, it is not lawful to uncover any of them without permission; otherwise, taking the permission of the party concerned is not a must unless it leads to materialistic or moral damage.

Q: Is it lawful to exaggerate figures and statistics about the position and losses of the enemy?

A: This is lawful if it is necessitated by the battle in order to heighten the spirits of Moslems.

But the other side of the picture should be considered; that is, exaggeration may magnify the level of triumph, and consequently the Mujahideen will relax and then lack sufficient readiness to confront the enemy, believing in its vulnerability.

Q: Is it lawful to exaggerate the size of the Islamic activities or Islamic oppositions? If yes, What are the limits of this exaggeration?

A: In, principle, this is not lawful in proportion to the degree of lying included unless there are some exceptions that consider the supreme interest of Islam. If allowed, this must be done in a way that doesn’t lead Moslems to magnify their role, where they are affected both psychologically and practically. Besides, this may have a negative impact on the way people view the Islamic movement for it might lose its credibility

Q: Your Eminence, how do you assess the “Journalistic swearwords” or the marginal wars that use journalism as a field for informational battles?

A: In principle, swearing is rejected by Islam. Swearing may cause more harm than benefit to journalism, whose status may be degraded before people who criticize the style of swearing .This is also observed in the marginal wars which may make the public forget the war of existence, where journalism distracts people from the vital causes of the present situation.

Q: In Islamic journalism, some correspondent missions sometimes require spying acts to capture interesting news. Is this lawful?

A: Spying is unlawful to Moslems because people’s secrets and demerits are a restricted area, that must not be revealed by Moslems, unless they are linked with an Islamic urgent need which might eliminate public harm or bring in Public benefit ..

Q: Is there any harm in manipulating some news by skipping a part and publishing the other?

A: This is lawful if it doesn’t suggest anything contrary to the facts.

Q: Does saying that a newspaper or a magazine is not responsible for the writer’s opinions in articles or reports exempt the magazine or the newspaper from the legal responsibility for the violations included?

A: It’s lawful if the article or the report doesn’t cause public harm, no matter whether it’s attributed to the magazine or the writer.

Q: In accordance with the saying consider what is said, not who says”. Is it lawful to employ a writer who is disreputable in the Islamic front?

A: In principle, this is lawful provided that supporting him and publishing his name and thoughts will not lead to any harm to the Islamic body.