چالش‌های حقوقی نظام تنظیم‌گری فناوری‌های نوظهور مجازی در ایران

‌ ∴ Introduction ∴ ‌
The rapid advancement of technology in the 21st century has brought forth profound transformations in social, economic, and governance structures globally. Iran has not been immune to these changes, experiencing significant shifts within its societal and governmental frameworks due to technological progress, especially in cyberspace and its associated branches. Emerging technologies—ranging from artificial intelligence (AI) and machine learning (ML) to blockchain, virtual reality, and quantum computing—exhibit an inherently dynamic, flexible, and indeterminate nature. These characteristics distinguish them markedly from traditional sectors governed by centuries-old legal paradigms. As such, regulation in the field of emerging technologies requires rethinking traditional approaches, emphasizing the protection of privacy, the creation of safe digital environments, the management of content, and the promotion of ethical standards.
     Globally, various regulatory trends are evident: many countries are moving towards risk-based frameworks that seek not to restrict innovation but to manage technological risks responsibly. Concurrently, there is an increasing emphasis on international collaboration, ethical oversight, and multistakeholder engagement in shaping technology governance. Institutions such as the European Union and the United Nations have advanced initiatives aiming to harmonize regulatory standards for emerging technologies.
     However, Iran faces unique challenges in this regulatory context, rooted in its centralized governmental structure, socio-cultural diversity, economic limitations induced by international sanctions, and traditionalist legal theories. These challenges contribute to regulatory fragmentation, lack of coherence, and slow adaptation to technological advances. Consequently, there is a pressing need to develop a transparent, robust, and adaptive regulatory framework capable of fostering innovation while safeguarding public interests and aligning with global standards.
     This article seeks to identify and analyze the key legal and institutional obstacles impeding Iran’s regulatory effectiveness in the domain of emerging technologies, aiming to contribute to both scholarly discussions and practical reforms in the Iranian legal system.

‌ ∴ Research Question ∴ ‌
The central research question guiding this study is:
     "What are the legal challenges facing the regulatory system for emerging technologies in Iran?"
     This core inquiry will be broken down into several sub-questions throughout the study, including:
     To what extent does the current Iranian legal framework address the regulation of emerging technologies?
     What structural, cultural, and political factors contribute to the challenges in regulating new technologies within Iran?
     How does Iran’s regulatory approach compare with international best practices?
     What reforms could strengthen Iran’s regulatory system to promote innovation while ensuring public welfare?

‌ ∴ Research Hypothesis ∴ ‌
This research operates under the following primary hypothesis:
     "Iran’s regulatory system for emerging technologies is fragmented and lacks coherence, resulting in ineffective governance that hampers technological innovation and fails to adequately address societal risks associated with digital transformation."

‌ ∴ Methodology & Framework, if Applicable ∴ ‌
The research adopts a doctrinal legal research method complemented by comparative analysis and qualitative content analysis.
     The study will employ theories of regulatory governance, risk regulation, and legal responsiveness to frame its analysis. Concepts such as "adaptive regulation," "sandbox regulation" (as used in fintech industries), and "ethical technology governance" will guide the exploration of innovative legal frameworks suitable for emerging technologies.
     Stakeholder Analysis: Attention will be given to the roles of different actors—government bodies, private sector innovators, academia, civil society organizations—in shaping and influencing regulatory development. Interviews or secondary analysis of statements, policy papers, and media coverage will be used to gauge stakeholder perspectives when applicable.

‌ ∴ Results & Discussion ∴ ‌
The findings of this research reveal significant structural and substantive challenges within Iran’s regulatory system concerning emerging virtual technologies. The most salient result is the fragmented and incoherent regulatory landscape, characterized by the isolated establishment of multiple regulatory bodies without a structured delineation of their interrelationships or their integration into the broader governance framework. This disjointed regulatory structure has produced ambiguity, jurisdictional conflicts, and inefficiencies that undermine both private sector innovation and the safeguarding of public interests.
     In practice, numerous governmental and supra-governmental bodies—including the Islamic Consultative Assembly, the Cabinet, the Supreme Council of Cyberspace, the Supreme Council of the Cultural Revolution, the Communications Regulatory Authority, and others—exercise overlapping or conflicting authority over cyberspace-related matters. These institutions often operate in silos, with minimal coordination and an absence of clear legal mandates defining their competencies, resulting in regulatory duplication, gaps, and inconsistent policy implementation.
     Furthermore, the regulatory mechanisms lack a networked model that connects sectoral regulators with the country's main branches of government—the executive, legislative, and judiciary. Without formalized channels for inter-regulatory dialogue and coordinated decision-making, regulatory bodies act independently, leading to a disjointed legal environment that hinders coherent policymaking, strategic planning, and effective enforcement.
     An additional result concerns the absence of complementary regulatory institutions that could support a more robust governance framework. Specifically, the Iranian system lacks:
     Oversight regulators to ensure compliance and accountability across sectors.
     Diverse regulatory tools to tailor regulatory interventions appropriately to different technological fields.
     Intermediary regulatory bodies that could mediate conflicts between agencies.
     Scientific and research institutions specialized in technology law and policy to inform evidence-based regulation.
     Barriers to innovation and private sector development are further exacerbated by deficiencies in critical legal protections. The absence of comprehensive data protection legislation, limited safeguards for intellectual property rights in the digital realm, and restricted access to public information all contribute to a regulatory environment that is perceived as unpredictable and hostile to technological entrepreneurship.
     Moreover, Iranian regulatory policy does not sufficiently engage with stakeholder participation from the technology sector, civil society, or academia. In contrast to global trends that emphasize multistakeholder governance, Iran’s regulatory model remains largely top-down and state-centric, which limits the inclusion of valuable insights from non-governmental actors and diminishes regulatory legitimacy and effectiveness.

‌ ∴ Conclusion ∴ ‌
This study demonstrates that the current Iranian regulatory structure for governing emerging virtual technologies is deeply fragmented, incoherent, and inefficient. The proliferation of isolated regulatory bodies, unclear institutional mandates, and the absence of structured relationships between regulators and the main branches of government have created an environment marked by confusion, jurisdictional conflict, and regulatory inertia.
     Fundamentally, the Iranian legal system has yet to establish a coherent vision for the regulation of cyberspace that aligns with contemporary global practices emphasizing coordination, transparency, accountability, and stakeholder engagement. Without a comprehensive regulatory architecture, the grand function of regulation—the balancing of private innovation with public welfare—cannot be achieved.
     The research underscores that meaningful regulation of emerging technologies must be rooted in an interdisciplinary public law framework that integrates policymaking, ethics, scientific expertise, and participatory governance. Regulatory success depends not merely on the formation of isolated bodies but on the systematic design of rules, institutions, procedures, and tools that can respond flexibly to technological evolution.
     Among the most critical legal reforms needed are:
     The clear legal definition of regulatory mandates and competencies;
     The establishment of complementary institutions such as oversight regulators and intermediary bodies;
     The development of a diverse toolkit of regulatory instruments;
     The promotion of scientific, research, and educational infrastructure in technology law;
     The adoption of comprehensive data protection and intellectual property laws;
     And the institutionalization of stakeholder participation mechanisms.
     A reorganized and restructured regulatory system is not only vital for protecting public interests but also for supporting domestic innovation, attracting investment, and ensuring Iran’s competitiveness in the global technological ecosystem.