News Science Quarterly (NS)

News Science Quarterly (NS)

Media Apology as a Means of Compensating Non-Pecuniary Damage in Iranian Law

Document Type : Original Article

Authors
Rabiollah Ghorbani 1
Ebrahim Mousavi 2
Jamshid Mirzaie 3
Firooz Ahmadi 4
1 Ph.D. Candidate, Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran. E-mail: ghorbani.rabi@gmail.com
2 Corresponding Author, Assistant Professor, Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran. E-mail: se.ebrahim.moosavi65@gmail.com
3 Assistant Professor, Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran. E-mail: mirzaei1348@yahoo.com
4 Assistant Professor, Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran. E-mail: Firoz.ahmady@gmail.com
10.22034/lrsi.2026.503986.1317
Abstract
Objective: This article examines media apology as a non-pecuniary remedy for moral and reputational harm within the framework of Iranian law. It contends that apology functions not merely as an ethical gesture but as a legal mechanism capable of restoring reputation, correcting public perception, and mitigating the continuing effects of media-inflicted harm.
Methods: The research employs an analytical-doctrinal method, supplemented by a functional comparative approach. Iranian statutory provisions, selected judicial decisions, and legal scholarship pertaining to civil liability, defamation, digital media, and compelled apologies are assessed using the criteria of proportionality, effectiveness, visibility, and restorative value.
Results: The findings indicate that Article 10 of the Civil Liability Act, together with Note 1 to Article 14 of the Criminal Procedure Code, furnishes a general legal basis for apology and the publication of judicial decisions. Nevertheless, these provisions fail to specify the form, target audience, duration, digital visibility, or enforcement mechanisms of media apologies. The Computer Crimes Act and the Act on Publication and Free Access to Information also offer useful yet incomplete capacities for reputation restoration.
Conclusions: A legally effective media apology must be proportionate to the medium that caused the harm, directed at the same audience, sufficiently visible, and accompanied, where necessary, by the correction or removal of harmful content. The article proposes a structured model for digital media apology and advocates for legislative clarification, distinguishing apology, correction, right of reply, and publication of judgment as distinct non-pecuniary remedies.
Keywords
Media Apology
Digital Media
Iranian Law
References
Abrahimi, S. (2015). An Introduction to Moral Damage in Iranian Law. Tehran: Asar-e Andisheh Publications. (in Persian)
Akbari Araei, M. (2020). Apology as a method of compensation for non-pecuniary damage in civil liability. Legal Journal of Justice, 109. (in Persian)
Al-Awaji, M. (2009). Civil Law: Civil Liability. Beirut: Al-Halabi Legal Publications. (in Arabic)
Al-Sanhuri, A. A. (2004). Al-Wasit fi Sharh al-Qanun al-Madani: The General Theory of Obligation. Beirut: Dar Ihya al-Turath al-Arabi. (in Arabic)
Allan, A. (2016). Apologies in a legal setting: Insights from research into injured parties' experiences of apologies after an adverse event. Psychiatry, Psychology and Law.
Babawayh, M. ibn A. (1984). Man, La Yahduruhu al-Faqih. Qom: Society of Seminary Teachers Publications. (in Arabic)
Badini, H. (2012). Civil liability arising from violation of moral rights related to personality and human rights. Journal of Law, 42(1). (in Persian)
Biparva, A. (2019). Media, Human Rights and Citizenship in the Age of Globalization. Tehran: Mizan. (in Persian)
Civil Liability Act. (1960). Article 10. (in Persian)
Cohen, J. R. (1999). Advising clients to apologize. Southern California Law Review, 72, 1009-1069.
Computer Crimes Act. (2009). Provisions on defamation, dissemination of false information and restoration of reputation. (in Persian)
Criminal Procedure Code. (2013). Article 14 and its notes. (in Persian)
De Rey, S. (2023). Apologies as a private law remedy: Emerging on the European legal scene. Private law remedies literature.
Ghasemzadeh, M. (2009). Civil Liability and Non-Contractual Obligations. Tehran: Mizan. (in Persian)
Heidari Mahboob, M. R., et al. (2020). Media restoration of reputation: A critical study of publication of acquittal judgments. Media, 31(4). (in Persian)
Judgment No. 1159 of Branch 36 of the General Court of Qom. (2002). Obligation to deny statements and apologize in the presence of first-degree relatives. 19 September 2002. (in Persian)
Judgment No. 9209970270100932 of Branch 56 of the Tehran Court of Appeal. (2013). Compensation for non-pecuniary damage caused by dissemination of false information and obligation to publish an apology in a widely circulated newspaper. 17 November 2013. (in Persian)
Judicial Meeting of Ahvaz. (2018). Claiming moral damage resulting from crime and the financial or non-financial nature of apology as a claim. Judicial Meeting, 25 July 2018. (in Persian)
Katouzian, N. (1989). Non-Contractual Obligations, Vol. 4. Tehran: Behnashr. (in Persian)
Majid, A., Karim, R., Thanasegaran, H., Ho, R., & Lee, M. Y. (2023). The apology as a remedy in defamation in Malaysia and Hong Kong. Tort Law Review, 29(2), 197-209.
Motahari, A. (2006). Moral Damage in Judicial Decisions with Emphasis on Iranian and Egyptian Law. Qom: Mofid University. (in Persian)
Najafi Fattahi, S. (2004). Monetary compensation for moral damage in Iranian law. Journal of the Bar Association, 186-187. (in Persian)
Nikfarjam, Z. (2013). Compensation for moral damage in jurisprudence and law. Jurisprudential Foundations of Islamic Law, 6(11). (in Persian)
Parvin, F. (2001). Moral Damages in Iranian Law. Tehran: Qoqnoos. (in Persian)
Press Law and the Executive Regulation of the Press Law. (1986/2016). Provisions on publications and electronic media. (in Persian)
Publication and Free Access to Information Act. (2009). Article 21. (in Persian)
Qorbani, R., et al. (2024). Ethical dimensions of moral injury in victims of human rights violations and methods of compensation for non-pecuniary damage. Ethics in Science and Technology, 19(2), 50-56. (in Persian)
Rezaei, H. (2020). Apology or non-apology: An interdisciplinary approach to discourse analysis of official apologies in Iranian media. Linguistic Research, 2(77). (in Persian)
Robbennolt, J. K. (2003). Apologies and legal settlement: An empirical examination. Michigan Law Review, 102(3), 460-516.
Robbennolt, J. K. (2024). Apologies, remorse, and amends: Empirical legal studies. European Journal of Empirical Legal Studies.
Sabbar, S., et al. (2015). Factors associated with audience trust in new and traditional media: A look at media type, message content and audience characteristics. Journal of New Media Studies, 1(4). (in Persian)
Shuman, D. W. (1999). The role of apology in tort law. Judicature, 83.
Vandenbussche, W. (2018). Rethinking non-pecuniary remedies for defamation: The case for court-ordered apologies. SSRN Working Paper.
Zwart-Hink, A. M., Akkermans, A. J., & van Wees, K. A. P. C. (2014). Compelled apologies as a legal remedy: Some thoughts from a civil law jurisdiction. University of Western Australia Law Review, 38(1), 100-122.