Introduction:
According to Article 5 of the regulations for the activity of academic publications (adopted on 540 session dated 15.06.2004) of Supreme Cultural Revolution Council, the executive direction of these regulations are approved as follows:
Article 1: Definitions and Overview
1-1 – Academic journals
In accordance with paragraph 1, Article 1 of the regulations for the activity of academic publications, all publications that are published periodically, or single-issue, as well as electronic publications with a fixed name and publication date in the cultural, social and political, art, literature, sports fields by each of the instructors and faculty members, students and Islamic associations or a group of academics (students or faculty members) at the university and are distributed within the universities, are considered as academic publications and are included in this guideline.
Note 1: cultural and social titles include areas as belief, corporate, news and humor.
Note 2. Scientific journals published by faculty members, students, student organizations, and student scientific associations, and don’t have permit from the competent authorities are subject to this regulation.
Note 3. Journals can publish special issue on different occasions.
Note 4. Blogs and personal websites of students and faculty members who don’t use the sign of university or university organizations are not subject to this law.
Note 5. University campuses, dormitories, teaching hospitals and camps are included in the university rule, and the distribution of academic publications outside of the university is subject to permission from the concerned authorities.
2-1 University
The purpose of the university in this guideline is all universities, higher education institutions and academic centers and units.
3.1 Committee supervising the academic publications
According to paragraph 2 of Article 1 of the regulations for the activity of academic publications, in any university, a committee is established as "supervisory committee on academic publications" under the supervision of "University Cultural Council" that in this guideline it is called "supervisory committee" in brief.
4 -1 - Composition of the supervisory committee:
- Student and cultural vice president of University (Chairman of the Committee)
- Plenipotentiary Representative for Office of the Supreme Leader's Representative at the University
- A lawyer elected by the university president
- Two faculty members of elected by university cultural council
- University director of cultural affairs (Secretary of the Committee)
- Two editor in charge of academic publications selected by editors in chief of other publications one of them considered as substitute member.
Note 1. In universities that the committee is formed for the first time, one month is given to hold the elections of editors in charge and during the month the Committee may be held without the presence of representatives of the editor in charge of academic publications.
Note 2. Manuals for electing representatives of the editors in charge of academic publications will be approved by the Central Council monitoring each system.
Note 3. Student Cultural Council in each university is required to select editors in charge based on the manuals approved by central council.
Note 4. Elected members of the supervisory committee are elected for one year and the chancellor issues their notification.
Note 5. Alternate member representing the editor in charge participates in the meetings of the supervisory committee without voting rights and shall have the right to vote only in the absence of the main members.
Note 6. If the main representative of the editor in charge a member of the supervisory committee – based on the guideline approved by the Central Supervisory Council - lose membership criteria in the supervisory committee, the substitute members will be replaced.
Note 7. The secretariat of the supervisory committee is established in the student cultural department of university and with the responsibility of the secretary of the supervisory committee is responsible for the administrative and executive affairs of the supervisory committee.
5.1 supervisory committee meetings
Meetings of the supervisory committee is official with a written invitation to all members at least three days before the meeting with the announcement by the Secretary of the committee and the presence of at least five members with voting rights and its decisions is valid by majority vote.
Note 1. If any member is private plaintiff or defendant, at the time of the complaints filed, shall have no voting right.
Note 2. The Secretariat of the Supervisory Committee shall have to deliver the minutes in order to the Secretariat of the Central Council of any system.
6.1 Functions of the Committee Supervising academic publications
Functions of the Committee supervising academic publications in each university are as follows:
- Examining the request and licensing publication of content from Article 2 of this directive
- Monitoring the performance of academic publications
- Investigation of violations and complaints arising from performance of publications in accordance with Article 6 of this directive
- Supervising the good implementation of the guideline, approvals and guidelines = of the Central Supervisory Council
7-1 Cultural Council of any University is the reference for revision of the decisions and opinions of the supervisory committee of the university.
8-1 Central Council Supervising academic publications
According to paragraph 4 of Article 2 of the regulations for the activity of academic publications, in any Department or System, a Council called "Central Council Supervising academic publications" is formed that is called “Central Supervisory Council” in the instructions for short.
9-1 Composition of the Central Supervisory Council
- Cultural Deputy of the Ministry or the relevant Department (President of the Council)
- Director of Cultural Affairs of the Ministry or the Department (Secretary of the Council)
- Cultural deputy of the Supreme Leader's representative institution in Universities or the plenipotentiary representative of the president of the institution
- One lawyer selected by the Cultural Department of the Ministry or the respective department
- Two editor in charge of academic publications, selected by editors in charge of other academic publications in the university that one of them is considered as substitute member.
Note 1. In the absence of the Deputy Director of Cultural Affairs or the Director General of Cultural Affairs or similar title, the plenipotentiary representatives are determined by the secretary or chairman of the department.
Note 2. Chairman of Central Supervisory Council – according to the guideline approved by the Central Supervisory Council – will hold election of representatives to editor in charge of academic publications to participate in the central council.
Note 3. The selected members of the Central Supervisory Council are elected for one year and notification of the elected members is done by the President.
Note 4. Substitute member representing the editor in charge can participate in the meetings of the Central Council without voting rights and only in the absence of the main member have the right of voting.
Note 5. If the main representative of the editor in charge a member of the Central Supervisory Council - based on a guideline approved by the Central Supervisory Council – lose qualification to participate in the Council, the substitute member will be replaced.
Note 6. The Secretariat of the Central Supervisory Council is based in Office of Cultural Affairs Department or respective Department or similar titles and secretary of the Central Supervisory Council is responsible for administrative and executive affairs.
10 - 1. Functions and powers of the Central Supervisory Council
Duties of the council in any Department:
- Reviewing the protests about the lack of licensing academic publications
- Revision in the decision of the University Cultural Council
- Reviewing the protests from the decision and performance of the University Cultural Council
- Developing executive guidelines
- Interpretation of the provisions of the present guideline
- Monitoring performance of committees supervising the university publications
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Note - The decisions of the Central Supervisory Council is final and binding.
11 -1 Meetings of the Central Supervisory Council
Meetings of the Central Supervisory Council is formed at least every two months, with an invitation letter to all members a week before the meeting by announcing the agenda by the Secretary of council and meetings are official by attending at least four members with voting right, and its decisions are valid by majority of votes.
Article 2. How to apply for a license and distribution of academic journal
1-2-AApplicant for privilege of academic publication is required to submit his written request by announcing his and the editor in charge information, name of publication, the publication order (paragraph 1.1) including stating to comply with the Constitution, laws and regulations, and the guideline, to the Secretariat of the Supervisory Council according to the attached form (1).
2.2 Conditions for concessioner
The applicant shall have the following conditions:
- One of the students or faculty members as an individual or association, institution, community center, or one of the parts of the university or any other legal person at the university.
- Lack of final convictions leading to exclusion from education for a semester or more for students and temporary suspension of service for the faculty member.
Note 1. Persons included in paragraph "B", after one year from the date of completion of deprivation can act as the owner of the academic publication.
Note 2. If the proprietor loses one of the above terms, within one month after notice can request to transfer the privilege of the publication to another qualified person otherwise, the publication license is canceled. The supervisory committee shall declare its opinion within two weeks from the date of receipt of the applicant.
3.2 Conditions of Editor in charge
Editor in charge of the university publication should have the following qualifications:
- He should be the student or faculty member of the university.
- Lack of final convictions in exclusion from College for a semester and more for students and temporary suspension from service for faculty member.
- When introduced he should not be conditional for two consecutive terms.
- Lack of a reputation for immorality.
Note 1. Fame to immortality is only verified by consensus of all members of the supervisory committee.
Note 2. People included in the paragraph "B" after the completion of one year of deprivation can act as editor in charge of academic publications.
Note 3. If the editor in charge loses one of the terms, the concessioner is obliged to introduce the new editor in charge within a month to the supervisory committee. Otherwise, the publication license is canceled. The supervisory committee shall declare its opinion within two weeks in this regard.
4.2 No one can be the editor in charge of more than one publication at the same time.
5.2 In the event that applications are incomplete or applications for concessions or editors in charge had no conditions set forth in the instruction, the supervisory committee is required to declare in writing and citing the evidence required within 15 days of receipt and submitting the request to applicants.
6-2 Inserting ID of publication including the name of the proprietor, editor in charge, University issuing certification, number, date of publication and publication volume in each issue is necessary.
7-2 If the proprietor of a publication is applicant to distribute it in other universities, he should submit his application with the distribution range to the disciplinary committee. The supervisory committee, in case of approval, shall send the request within ten days from the date of receipt of the request for final comments to the Central Supervisory Council. Central Supervisory Council shall declare opinion within one month.
Note 1. In case of disagreement with the supervisory committee, the applicant can declare his protests to the Central Council.
Note 2. Monitoring and investigation of violations or complaints of these publications is the responsibility of the supervisory committee of the licensor.
8-2 Unions and academic organizations, associations and professional associations of students officially licensed which are active in more than one university and are applicant to publish a journal can send their request to the central council. Monitoring and investigating complaints and violations of these publications is the responsibility of the Central Supervisory Council.
Note. Conditions of supervisor on licensing, proprietor and editor in charge of such publications are subject to this guideline.
9.2 The supervisory committee is obliged to issue license if the legal conditions for publication is provided, within 15 days.
10-2 If the Supervisory Committee disagree with licensing the publication or didn’t declare the disagreement within 15 days, the applicant can express his objections in writing to the cultural council of the university and the Cultural Council is required to review protest and comment within 20 days.
11-2 Responsibility for all the contents of the publication lies with the editor in charge and he is obliged to immediately release three copies of each issue to the Secretariat of the supervisory committee.
Note. The Secretariat of the supervisory committee shall send a copy of the publication to the Secretariat of the Central Supervisory Council.
12.2 If a concessionaire, within one year after the date of licensing or publication of the latest issue (excluding temporary ban time) and after written notice and one month, didn’t print the publication, the issued license will be disregarded.
13-2 Proprietor may present his request about the publication license transfer to another or changing the specifications mentioned in the publication license application form, including (editor in charge, name of publication, period of publication and dissemination field) to the supervisory committee and the committee is obliged to express agreement or disagreement within a maximum of one month in writing to the proprietor.
Article 3. Rights of Academic Journals
1.3 Academic journal have all the rights raised in the Islamic Republic Media Rights, including: search, acquisition and dissemination of news inside and outside the university to raise awareness among the academic community with respecting the law and maintaining the interests of the community.
- No government and non-governmental officials are entitled to press to publish an article or publication or try censorship and content control.
2-3 Vice Chancellor of Student and Culture and other university cultural institutions must support academic publications within the law and the authority and resources.
Article 4 – Limitations of Academic Journals
4.1 Academic journals in publication of content and images are free except about the disruption to Islamic principles and codes and public and private rights in accordance with Article 6 of the Press Law.
4.2 If a publication contains articles on insult, defamation, false or critique of a person (whether natural or legal), the beneficiary is entitled to send its answer in writing no later than two months from the date of publication to the journal and the publication is required to publish the explanation or response received after the receipt of the answer in the first issue for free, it is subject to the fact that the answer does not exceed twice the original article and doesn’t involve the defamation to nobody.
Note 1. If the publication publishes an answer in addition to the answer or explanations, then the right for responding to protesters remains. It is obvious that the insertion of part of the answer is regarded as non-insertion and call text must be included in an Issue and completely.
Note 2. If the magazine does not publish replies, the beneficiary can complain the disciplinary committee and the committee is entitled to warn the publication if consider the plaintiff rightful and if this warning is not effective, the supervisory committee will condemn the publication for one of the punishments in paragraphs 4 to 6 of Article 5.
Note 3. The provisions of this article and its notes will not be umbilical of the right of beneficiary through about the complaint through supervisory committee.
3.4 Academic journals that have violated Articles 24, 25, 26, 27 of the Press Law according to the discretion of the supervisory committee, are condemned to one of the punishments of paragraphs 10 to 13 of Article 5.
4-4 In the case of publishing immoral photos, images and content, the supervisory committee will sentence the journal for one of the paragraphs 5 to 9 of Article 5, and in case of recidivism after the initial sentences, the journal is sentenced with one of the punishments in paragraphs 10 to 12 of Article 5.
5-4 Academic journals that have violated the Article 29 of the Press Law with discretion of the supervisory committee are sentenced to one of the punishments in paragraphs 8 and 9 of Article 5.
6.4 In the event of publishing any content, including libel, defamation, insults and profanities or offensive terms and so on to individuals, threatening and violating honor or dignity or disclosure of personal secrets, in the case of a private prosecution, the publication shall be sentenced to one of the punishments in paragraphs 5 to 9 Article 5.
7.4 In case of violation of Clause 5 paragraph 1 of Article 1, or paragraphs 6, 11 and 13 of Article 2 of this guideline for the first time, the journal is sentenced to one of the punishments of paragraphs 1 to 3 and case of repeat to one of the punishments in paragraphs 4 to 7 of Article 5.
8-4 If a journal is published without the authorization of the supervisory committee, it will be banned and the disseminator cannot own a new publication license for one year and in case of recurrence, if the offender is a natural person, by the end of the study program and if the offender is a legal person, up to three years will have no right to publish any publications.
9-4 In the event that the violation committed by the publication is considered as crime based on the statute, according to the discretion of the supervisory committee, the editor in charge will be introduced to the disciplinary committee for next decisions.
Article 5 – Punishments
- Summon to the disciplinary committee and oral notices
- Written warning
- Written notice
- Temporary ban on publication from academic facilities up to six months
- Temporary ban of editor in charge from this position up to 6 months
- Temporary ban of editor in charge from this position from 6 months to one year
- Temporary ban on publication to 3 months
- Temporary ban on publication from three to 6 months
- Temporary ban on publication from six months to one year
- Temporary ban on publication from one to two years
- Ban on permanent release of journal
- Ban on permanent release of publication and editor in chief deprivation of this position up to a year
- Ban on permanent release of publication and editor in chief deprivation of this position until the end of the study program
Article 6. Investigation of violations and complaints
1-6 Supervisory committee is obliged to investigate written complaints within 15 days of receipt and register it in the Secretariat and issue vote.
2-6 Supervisory committee invites the editor in chief of the publication who has violated or is complained in writing and with mentioning the cases of violation or complaint and by presenting one week deadline from the date of notification for some explanations and in the case of unjustified absence or failure to submit written explanations, the supervisory committee can issue the sentence for the publication.
3.6 The committee should issue its votes by mentioning the cases of violations or complaint to articles 4 and 5 and notify it in writing within one week after the issuance to the publication's editor in chief and private plaintiffs.
4-6 The votes issued can be objected and ask for revision within 20 days from the date of notification in the university cultural council. In case of non- protest in the deadline, the verdict is definitive.
5-6 Publications that are banned by the supervisory committee of the university, can be published until finalizing the verdict, at the discretion of the supervisory committee.
6-6 University Cultural Council is required to notify its vote on the objections in writing within one month of receipt of complaint by the Secretariat, in writing to the protester and the supervisory committee.
7-6 University Cultural Council's decision can be protested within 20 days of the date of notification to the Central Supervisory Council. Central Supervisory Council shall issue its vote within two months from the date of receipt of protest and notify it. Central Supervisory Council votes are definitive and binding.
Article 7. Journal licensing method, their monitoring, investigation of violations and complaints will be only on the basis of the present instruction. Determination and approval of any contrary or restrictive terms and conditions in addition to the provisions of this regulation, such as issuing conditional or temporary permits is prohibited.
Article 8. All the academic publications that are published before the adoption of the guideline, have an opportunity to comply with the terms and provisions of this instruction within 3 months.
Article 9. Operating instruction of academic journals is approved by the Central Supervisory Committee in 9 Articles and 42 paragraphs and 33 Notes on 04.05.2005.
According to Article 5 of the regulations governing the activities of academic publications, approved in meeting No. 540 dated 15.06.2004 of the SCCR, and based on the Act of central supervisory councils on academic publications, Ministry of Science, Research and Technology and Health, Treatment and Medical Education and Islamic Azad University, the executive guideline of these provisions are notified to the universities and institutions for teaching and research.