Abdorrahman Boroumand Center

The Bill on the Procedure for Holding Gatherings and Demonstrations, proposed by the Legal Deputy of the President, was approved with an urgency clause at the Cabinet session on 2/11/1401 (January 21, 2023) and forwarded to Parliament on 2/11/1402 (May 1, 2023) for completion of the legal formalities.

Explanatory Introduction

Following the glorious victory of the Islamic Revolution and the establishment of a religiously-based democratic government, the right to hold gatherings and demonstrations was recognized as a means to fulfill the public duty of enjoining good and forbidding wrong, and as one of the manifestations of the realization of Article 8 of the Constitution. Accordingly, Article 27 of the Constitution was dedicated to this right. 

Despite the existence of certain regulations and frameworks in related legal texts, some legal gaps are currently observed regarding the full implementation of Article 27 of the Constitution. Balancing the guarantee of public rights and freedoms with the maintenance of public order and security has become a significant challenge. On one hand, it is essential to allow for the expression and hearing of public demands and protests; on the other hand, ensuring public order and security is necessary. 

In this context, and with the aim of facilitating and guaranteeing the lawful conduct of gatherings and demonstrations, by differentiating the types of gatherings and demonstrations according to their subject matter and scale, and by providing specific mechanisms for holding each type, the following bill is submitted for the completion of legal formalities. 

Bill on the Procedure for Holding Gatherings and Demonstrations

Article 1 – Definitions

In this law, the following terms shall have the meanings assigned to them:

1. Gathering: Any voluntary and temporary assembly in a public space held for the purpose of expressing opinions, views, or demands on subjects such as professional, cultural, social, economic, and political matters.
2. Demonstration (March): Any voluntary and temporary movement in a public space, conducted along a route, for the purpose of expressing opinions, views, or demands on subjects such as professional, cultural, social, economic, and political matters.
3. Public Space: Any place or passage that is legally accessible for use by the public, regardless of whether it is publicly or privately owned, including all intra- and intercity roads and passages, parks, halls, factories, commercial and service centers, offices, schools, educational institutions, and healthcare centers.
4. Organizer: One or more natural or legal persons who submit a request to hold a gathering or demonstration.
5. Competent Authorities: The authorities responsible for considering requests to hold gatherings and demonstrations, including the governor and the Appeals Board referred to in Article 11 of this law.
6. Weapon: All items referred to in Articles 2 and 3 of the Law on Punishment for Arms and Ammunition Trafficking and Possession of Unauthorized Weapons and Ammunition, enacted on 7/6/1390 (August 29, 2011), with amendments.
7. System: The comprehensive platform for facilitating the organization of gatherings and demonstrations.
8. Urgent Request: A request to hold a gathering or demonstration which, in the view of the organizer, requires immediate attention, and where any delay would result in the lapse of the subject matter or render the gathering or demonstration ineffective.
9. Special Locations: The special venues for holding gatherings or demonstrations referred to in Article 3 of this law.

Article 2 – Exceptions

The following cases are exempt from the scope of this law and, as appropriate, shall be subject to the relevant laws and regulations:

1. Religious Ceremonies: Such as those organized by religious boards (Hey’ats) or sacred shrines.
2. Cultural and Artistic Ceremonies: Including performing arts, traditional Iranian customs, and rituals.
3. Sports Events: Such as public walking or similar mass sports activities.
4. Gatherings and Demonstrations Announced by the Islamic Propaganda Coordination Council.
5. Gatherings and Demonstrations within Universities, Higher Education Institutions, and Seminaries.
6. Gatherings and Demonstrations Related to Election Campaigns within the legally prescribed timeframe.
7. Scientific and Cultural Conferences and Assemblies, as well as Educational and Advisory Programs.

Article 3 – Designation of Special Locations for Gatherings

County Security Councils are obliged to designate special locations for holding gatherings according to the population of the city as follows:

• At least one location for cities with a population of less than 300,000.
• At least two locations for cities with a population between 300,000 and 500,000.
• At least three locations for cities with a population between 500,000 and 1,000,000.
• At least four locations for cities with a population of over 1,000,000.
• For Tehran, at least ten locations.

The designation of these locations shall take into account the following criteria:

1. Adequate accessibility.
2. Sufficient size of the special location for holding the gathering.
3. Possibility of police and security protection of the location.
4. Availability of immediate emergency response services at the location, if necessary.
5. Safe distance from sites with security or protective ranks.
6. Avoidance of significant disruption to public services, businesses, and daily activities.
7. Avoidance of traffic blockage that cannot be redirected to alternative routes.
8. Prevention, to the extent possible, of involuntary presence of individuals at the location.

Note: If the conditions in any county allow for the designation of a special route for holding a demonstration (march), the County Security Council may designate such a route for that purpose. 

Article 4 – Principle of Freedom and Exceptions

The default principle is the freedom to hold gatherings and demonstrations, provided that legal procedures are followed in accordance with the provisions of this law, except in cases where the subject, purpose, or manner of holding the gathering or demonstration includes any of the following:

1. Any act of disrespect toward the beliefs or sacred tenets of Islam, or any action contrary to Islamic law.
2. Carrying weapons.
3. Undermining national independence, unity, or territorial integrity.
4. Undermining the content of the immutable principles of the Constitution of the Islamic Republic of Iran, as referred to in Article 177 of the Constitution.

Article 5 – Prohibited Gatherings and Demonstrations

The holding of gatherings or demonstrations that possess any of the following characteristics is prohibited:

1. Their nature or conditions would result in disruption of public order, security, or health, such as the spread of dangerous diseases, serious traffic disturbances, or significant disruption to the provision of daily government and public services to citizens.
2. Their nature or conditions would cause direct and substantial harm to individuals, such as the destruction of private property or facilities.
3. The organizer has been legally prohibited from holding a gathering or demonstration under the relevant laws and regulations or by the competent judicial authorities, and the submitted request violates such prohibition.

Article 6 – Restricted Areas

Holding gatherings or demonstrations within the vicinity of healthcare, military, police, or security centers is prohibited. The identification of these centers and their respective restricted zones shall be determined based on a regulation prepared within three months from the effective date of this law by the Ministry of Interior in cooperation with the Ministry of Health and Medical Education, the Ministry of Intelligence, and the Ministry of Defense and Armed Forces Logistics, and shall be approved by the Cabinet.

Article 7 – Concurrent Gatherings and Demonstrations

Holding two or more gatherings or demonstrations at the same time and location is prohibited. In the case of multiple requests to hold a gathering or demonstration at the same time and location, priority shall be given to the organizer whose request was submitted first.

Article 8 – Submission of Requests for Gatherings and Demonstrations

The organizer is obliged to submit a request to hold a gathering or demonstration via the system and obtain a tracking ID at least five and at most twenty working days prior to the proposed date, including the following information:

1. Names and details of the organizer(s).
2. Purpose of the gathering or demonstration.
3. Date and start and end times.
4. Location or route of the gathering or demonstration.
5. Estimated number of participants.
6. If speakers are to be used, a list of speakers and the general subject and main points of their speeches.
7. Text of any resolutions and slogans (if applicable).
8. Reason for urgency in specific cases.
9. Number of internal security personnel appropriate to the number of participants and the method of their deployment.
10. Individuals or entities that are the main audience of the organizer’s demands (if the organizer wishes to specify).

Note 1: If any of the above items are not correctly provided, the request to hold the gathering or demonstration shall be rejected. The organizer must also report any changes to the above items through the system at least one working day before the deadline for consideration under Article 9 of this law. Any changes to the items listed above that result in a fundamental modification of the request shall be considered a new request. The details of this procedure shall be determined in the executive regulations of this law.

Note 2: For urgent requests, the organizer is obliged to submit the request via the system at least three working days prior to holding the gathering or demonstration.

Article 9 – Review of Requests by the Governor

The governor is obliged to approve or reject the request within four working days from the time of submission, in accordance with legal requirements.

Note: For urgent requests, the governor has two working days from the time of submission to provide an opinion. In such cases, the governor shall first verify the urgency of the matter and then examine other legal conditions. If the urgency is rejected, the request to hold the gathering or demonstration shall also be null and void. After two working days from the notification of the rejection of urgency via the system, the organizer may submit a new request for holding the gathering or demonstration under normal procedures.

Article 10 – Gatherings Exempt from Governor’s Approval

Gatherings that, according to the organizer, meet the following conditions may be held solely by registering the relevant items of Article 8 in the system, without the need for governor’s approval, provided registration occurs at least three and at most twenty working days before the proposed date:

1. The number of participants is fewer than 300.
2. The subject, purpose, and manner of the gathering do not fall under any of the prohibitions set forth in Article 4, such as gatherings for expressing labor or professional demands.
3. The nature and conditions of the gathering do not fall under the prohibitions of Article 5, for example, the time and location are selected such that the gathering does not cause traffic disruption, hinder public services, or interfere with daily business and activities—such as gatherings held within a factory or one of the designated special locations.

Note 1: The specific types of gatherings subject to this article, considering the above conditions, shall be determined in the executive regulations of this law.

Note 2: If the governor determines within two working days from registration in the system that a gathering under this article falls under any of the prohibitions in Articles 4 or 5, the gathering shall be prohibited.

Note 3: Political parties and groups subject to the Law on the Activities of Political Parties and Groups (enacted in 1395 / 2016) are not eligible to use the mechanism provided in this article.

Article 11 – Appeals Against the Governor’s Decision

If the governor objects to a request, the organizer may submit an appeal within three working days from the date of the governor’s objection via the system. The organizer may also request, in accordance with legal deadlines, a change of the time and location of the gathering or demonstration when submitting the appeal.

The Appeals Board, established at the provincial level and composed of the Governor, the Head of the Provincial Judiciary, and the Chair of the Provincial Islamic Council (as per the Law on the Organization, Duties, and Elections of Islamic Councils and the Election of Mayors), is obliged to provide an opinion within four working days from the date of the appeal on either confirming or overturning the governor’s decision, and on the possibility or impossibility of holding the gathering or demonstration.

Note: For urgent requests and gatherings subject to Article 10 of this law, the Appeals Board has two working days from the date of registration to issue an opinion.

Article 12 – Grounds for Decisions

Any opinion issued by the competent authorities must be well-reasoned and based on specific items of the request that justify the prohibition of the gathering or demonstration. These opinions shall be communicated to the organizer through the system.

If the authorities’ decision prohibits the gathering or demonstration due to inconsistency of its subject or purpose with the provisions of Article 4, a new request with the same subject or purpose shall not be reconsidered, and the prohibition will be notified to the organizer via the system.

If the prohibition is due to the manner of holding the gathering or demonstration being inconsistent with any of the items in Articles 4 or 5, the organizer may correct the issues and resubmit a new request with a revised time and location to hold the gathering or demonstration.

Article 13 – Consultation with Security Council Members

The governor and the provincial governor are obliged to, as appropriate, obtain the opinions of the members of the County and Provincial Security Councils before issuing their decision on holding a gathering or demonstration. Failure of any of these bodies to provide an opinion shall not prevent decision-making.

Article 14 – Commencement of Deadlines

The first working day following the submission of a request by the organizer shall be considered the start date for all deadlines stipulated in this law.

Article 15 – Recommendations Prior to Decision

Before issuing a decision prohibiting a gathering or demonstration, the competent authorities may notify the organizer of the issues that would result in prohibition and may suggest corrections or remedies. Additionally, the authorities may propose suitable alternatives for the time, location, or manner of holding the gathering or demonstration that most closely align with the organizer’s requested conditions.

Under no circumstances may the authorities impose their opinion regarding the time, location, or manner of holding the gathering or demonstration on the organizer. If the organizer accepts the recommendations of the competent authorities through the system, the gathering or demonstration may be held under the proposed conditions without restriction.

Article 16 – Implications of Non-Response by Competent Authorities

If a request to hold a gathering or demonstration is submitted for one of the designated special locations, failure of the competent authorities to respond within the prescribed timeframe shall be considered as confirmation of legal conditions and the possibility of holding the gathering or demonstration.

Note: If the request is not for one of the designated special locations, the failure of the competent authorities to respond shall be considered as confirmation of legal conditions and the possibility of holding the gathering or demonstration at one of the special locations chosen by the organizer. The organizer is obliged to notify the chosen special location via the system at least one working day before the gathering or demonstration.

Article 17 – Discovery of New Prohibiting Circumstances

If, after approval for holding a gathering or demonstration, new documented evidence or reliable findings indicate that the gathering or demonstration falls under any of the prohibitions in Articles 4 or 5, the competent authorities are obliged to immediately notify the organizer of the prohibition, providing a well-reasoned and documented decision via the system.

Note: This article also applies in cases where the competent authorities did not issue a response, and the absence of a response was considered approval to hold the gathering or demonstration.

Article 18 – Notification of Relevant Individuals or Entities

If the organizer has entered the names of individuals or entities listed in Item 11 of Article 8 in the system, the governor is obliged, before issuing a decision, to notify the main recipients of the gathering or demonstration of the items listed in Items 2 to 11 of Article 8 in writing. If a response is provided regarding the gathering or demonstration, it must be communicated to the organizer via the system.

Article 19 – Timing of Public Notification

The organizer may begin publicizing a gathering or demonstration only after it has been deemed permissible under the provisions of this law. Publicizing gatherings or demonstrations before this time is prohibited.

Article 20 – Obligation to Publish Details

The organizer is obliged to make public the details of a gathering or demonstration deemed permissible under this law, including the items listed in Article 8, in the manner specified in the executive regulations of this law. The organizer must also inform participants of the legal obligation to comply with these provisions. Both organizers and participants are required to adhere to these rules.

Article 21 – Postponement or Cancellation

If the organizer intends to postpone or cancel a gathering or demonstration, they must immediately record this in the system. If public notification has already been made, the organizer must also announce the cancellation through the same channels.

Article 22 – Preparations and Coordination

Before holding a gathering or demonstration, the organizer must take the necessary preparatory measures, including coordination with the law enforcement command. During the gathering or demonstration, the organizer must act in accordance with the instructions of the law enforcement command to maintain order and security. The executive regulations of this law shall provide further details.

Article 23 – Internal Order and Security

The organization of internal order within the gathering or demonstration is the responsibility of the organizer. The organizer must designate individuals as internal security personnel for the gathering or demonstration, who are obliged to act in accordance with the directives of the Law Enforcement Command of the Islamic Republic of Iran and within the framework of relevant laws and regulations.

Article 24 – External Security and Protection

The protection and security of the gathering or demonstration, as well as the maintenance of order at the venue, are the responsibility of the Law Enforcement Command of the Islamic Republic of Iran. The command is obliged to take action against those who disrupt the gathering or demonstration in accordance with the law and to implement the necessary measures to ensure the security and proper conduct of the event.

Article 25 – Handling Disruptive Participants

If a participant disrupts a gathering or demonstration or violates the provisions of this law, the internal security personnel are obliged, as appropriate, to warn or remove the participant from the event. The Law Enforcement Command of the Islamic Republic of Iran may intervene in such cases upon the request of the internal security personnel or at its own discretion, in accordance with the relevant laws and regulations.

Article 26 – Intervention by Law Enforcement

If the Law Enforcement Command of the Islamic Republic of Iran determines that the gathering or demonstration is moving towards disruption of public order or creation of insecurity, or that the provisions of the request have been violated, it is obliged to instruct the organizer to stop the gathering or demonstration.

If it is not possible to notify the organizer or the organizer is unable to stop the gathering or demonstration, the command shall order the participants to disperse. In case of non-compliance by the participants, the command shall take appropriate and proportionate measures to disperse the participants and stop the gathering or demonstration, in accordance with the legal requirements.

Note: From the time of issuance of the order to stop the gathering or demonstration by the Law Enforcement Command, participation in the gathering or demonstration shall, as applicable, be considered subject to the provisions related to unauthorized gatherings and demonstrations.

Article 27 – Response to Criminal Acts

In the event that participants commit criminal acts, the Law Enforcement Command is obliged to take appropriate measures within the framework of relevant laws and regulations, to the extent possible, without disrupting the gathering or demonstration. If the criminal acts occur on a large scale and it is impossible to prevent them without stopping the gathering or demonstration, the command shall employ appropriate and proportionate measures to stop the gathering or demonstration and disperse the participants.

Article 28 – Identification of Participants

Participants may not attend a gathering or demonstration in a manner that prevents their identification. The internal security personnel of the gathering or demonstration are obliged to immediately warn any participant observed violating this rule. Failure to comply with the warning shall result in removal of the participant from the gathering or demonstration. Re-entry of a removed participant into the same gathering or demonstration shall be punishable as provided in Article 32 of this law.

Article 29 – Obligations of Organizers

Organizers of gatherings and demonstrations must adhere to the following:

1. Conduct the gathering or demonstration in accordance with the submitted request and the provisions of this law.
2. Maintain order from the beginning to the end of the gathering or demonstration.
3. Cooperate with the law enforcement units.
4. Be accountable for any violations or deviations from the issued permit.
5. Ensure the cleanliness of the venue.

Article 30 – Compensation for Damages

In the event of damage to public or private property during a gathering or demonstration, the person causing the damage is obliged to compensate for it. If the individuals responsible for the damage cannot be identified, the organizer shall be liable for compensation. Upon identification of the responsible individuals, the organizer may seek reimbursement from them.

Article 31 – Liability of Public Officials

If any public official takes illegal action to deny or restrict the right to hold a gathering or demonstration, they shall be prosecuted in the competent court in accordance with Article 570 of the Islamic Penal Code (Ta’zirat).

Article 32 – Sanctions for Violations by Participants or Organizers

Any person who violates the provisions of Articles 19, 20, 21, 22, 23, or 29 of this law shall, depending on the case and in proportion to the violation, be barred from organizing or participating in gatherings and demonstrations covered by this law for a period of six months to three years.

Article 33 – Prohibition of Weapons

Carrying weapons or any item typically intended to cause harm to life or property during a gathering or demonstration is prohibited. Violators of this provision shall, depending on the case, be subject to the maximum penalties prescribed in Articles 6 and 12 of the Law on the Penalization of Arms and Ammunition Trafficking and Holders of Unauthorized Arms and Ammunition, particularly if they have assumed responsibility for organizing the gathering or demonstration.

Article 34 – Prohibited Acts During Gatherings or Demonstrations

Anyone who commits any of the prohibited acts listed in Items 1, 3, and 4 of Article 4 of this law during a gathering or demonstration shall be sentenced to an eighth-degree punishment.

Article 35 – Unauthorized Gatherings or Demonstrations

Anyone who organizes a gathering or demonstration not permitted under the provisions of this law shall, in addition to being barred from organizing or participating in gatherings or demonstrations covered by this law, be punished as follows:

• If the gathering or demonstration falls under any of the prohibitions listed in Article 4, the person shall be sentenced to a seventh-degree punishment.
• In other cases, the person shall be sentenced to an eighth-degree punishment.

Note: The organizer referred to in this article may be one or more natural or legal persons who are responsible for management and oversight of the event.

Article 36 – Participation in Unauthorized Gatherings or Demonstrations

Anyone who participates in an unauthorized gathering or demonstration that falls under any of the prohibitions listed in Article 4 of this law shall be sentenced to an eighth-degree punishment.

If the unauthorized gathering or demonstration does not fall under the prohibitions of Article 4:

• On the first occasion, the participant shall provide a written commitment not to repeat the violation.
• On the second occasion, the participant shall be sentenced to an eighth-degree punishment.

Participants under this article may also, depending on the case and proportionally, be barred from participating in gatherings or demonstrations for a period of six months to three years.

Article 37 – Judicial Consultation

The competent judicial authority is obliged to obtain the advisory opinion of the Appeals Board regarding whether an unauthorized gathering or demonstration falls under any of the prohibitions in Article 4 of this law.

Article 38 – Ministerial Directives

The Minister of Interior may issue directives within the framework of laws and regulations to ensure uniformity of procedures among competent authorities. The provisions of these directives are binding on all competent authorities.

Article 39 – Establishment of the System

The Ministry of Interior is obliged, within three months from the effective date of this law, to establish the system in a manner that protects individuals’ rights and ensures that all processes related to gatherings and demonstrations are conducted through the system. This includes, but is not limited to:

• Submission of requests to hold gatherings or demonstrations
• Online identity verification
• Issuance of tracking codes
• Online notification of request status
• Online publication of authorized gatherings and demonstrations
• Detailed information regarding these gatherings and demonstrations

Article 40 – Interim Procedures Before System Implementation

Until the system is fully operational, or in the event of any disruption in the request registration process, the governorates are obliged to provide, as applicable, the means for:

• Receiving written requests in person
• Completing the processes stipulated in this law
• Conducting notifications as required by this law, either in writing or through appropriate means such as telephone calls and text messages

Article 41 – Obligations of Municipalities

Municipalities are obliged, to the extent possible, to provide the necessary urban facilities and services required for holding gatherings and demonstrations at the venue. Regarding special locations, necessary facilities must be provided to facilitate the holding of gatherings or demonstrations at these sites.

Article 42 – Obligations of Ministries

The Ministries of Education, Science, Research and Technology, and Health, Treatment, and Medical Education are obliged to:

• Include content in their educational programs regarding the promotion of proper methods of enjoining good and forbidding wrong by citizens
• Cover the responsibilities of authorities and the requirements of this law, as appropriate

Article 43 – Obligations of the Islamic Republic of Iran Broadcasting (IRIB)

IRIB is obliged, to achieve the objectives of this law and to promote proper methods of enjoining good and forbidding wrong by citizens, to produce and broadcast necessary educational programs for authorities and the public.

Article 44 – Journalists’ Rights

Journalists and reporters may cover gatherings and demonstrations in accordance with the relevant laws and regulations.

Article 45 – Executive Regulations

The executive regulations of this law shall be prepared by the Ministry of Interior in cooperation with the Legal Deputy of the President and submitted for approval by the Cabinet within three months from the effective date of this law.

Article 46 – Repeal of Conflicting Provisions

Clause 6 of Article 11 and Clause (Kh) of Article 13 of the Law on the Activities of Political Parties and Groups, enacted in 2015 (1394), are hereby repealed.