Note: Mohammad Javad Ostadi has spent nearly his entire career in the realm of media and cyberspace, from his time as a theater director, to conducting international interviews for various publications, to his current role as the director of the Center for Art, Media, and Cyberspace at the Mashhad Office of Cultural Propagation, as well as his participation in various intellectual programs on national media. We sat down with him to discuss the nature of cyberspace governance, its dimensions, and its challenges. He meticulously defined the concept and elaborated on its dimensions, methods, and challenges. Ostadi considers jurisprudence as one of the influential disciplines in cyberspace governance. The full text of Contemporary Jurisprudence’s exclusive interview with this researcher and cultural activist is as follows:

Contemporary Jurisprudence: What does governance in cyberspace mean, and what are its dimensions?

Ostadi: Governance in cyberspace, as a composite concept, requires a precise and clear definition. This concept comprises two main dimensions: governance and cyberspace, each holding a distinct place in contemporary thought. Governance refers to the regulation, management, and guidance of social activities and interactions to achieve the shared values and norms of society. In this process, the primary role of governance is to establish laws, enforce them, supervise their implementation, and ensure the realization of the dominant discourse and the public interest of society.

On the other hand, cyberspace is a new, non-physical domain resulting from the interactions of society members in a digital environment, with significant impacts on individuals’ real and social lives. Due to advancements in communication technologies, the internet, and the widespread presence of individuals and actors, this space has become one of the most critical arenas in contemporary society.

Therefore, governance in cyberspace refers to the regulation, management, and guidance of this space to ensure public interest, protect users’ rights, establish safety and security, and guarantee the sustainable development of information technology.

Cyberspace governance has various dimensions, which can be summarized as follows:

• Policymaking: Formulating overarching policies aligned with societal values and the dominant discourse;
• Legislation: Creating laws to implement policies and achieve governance objectives;
• Oversight: Monitoring and controlling the enforcement of laws and the realization of policies;
• Cybersecurity: Ensuring user safety and countering cyber threats;
• User Rights: Protecting privacy, freedom of expression, and the security of user information;
• Digital Economy: Managing and developing economic infrastructures in cyberspace;
• Open Access to Information: Ensuring the public’s right to access information in cyberspace.

Cyberspace governance can be examined at three levels:

• National Level: Managing cyberspace within the country;
• Regional Level: Addressing cyberspace governance in a specific geographical region;
• International Level: Engaging in international interactions and policies related to cyberspace governance.

Cyberspace governance involves the active participation of governments, technology companies, international organizations, and cyberspace users. Each of these actors plays a role in policymaking and managing this space, and their active involvement is essential for achieving effective governance.

Contemporary Jurisprudence: What are the prerequisites and characteristics of successful cyberspace governance?

Ostadi: Success in cyberspace governance is achieved when this space can serve the public interest and contribute to realizing the dominant societal discourse. To achieve this success, adherence to the following principles and prerequisites is essential:

• Transparency and Accountability: Governance policies must be transparent, and users should have access to information and governmental decisions. Lack of transparency and accountability can lead to governance inefficiencies.
• Stakeholder Participation: Successful cyberspace governance requires the active participation of all stakeholders, including the government, private sector, civil institutions, and users. The coordinated and appropriate involvement of these actors in the decision-making process is a key factor in successful governance.
• Development of Technological Infrastructure: Cyberspace relies on technology. For successful governance, technological infrastructures such as high-speed internet, data centers, and security tools must be developed in alignment with the society’s ecosystem and identity.
• Support for User Rights: Effective governance must protect users’ rights, including privacy, freedom of expression, and information security.
• Flexibility in Policymaking: Given the rapid pace of technological advancements, cyberspace policymaking must be flexible and dynamic to adapt to new changes and developments.
• Balance Between Security and Freedom: Successful governance must strike a balance between user security and freedom. Security should not threaten legitimate freedoms, and freedom should not compromise security.

Contemporary Jurisprudence: Does cyberspace governance equate to oversight through restrictive measures such as filtering and censorship, or does it encompass other forms of policymaking?

Ostadi: Governance in cyberspace does not equate to mere oversight through restrictive tools such as filtering and censorship. While these tools may be employed in specific cases, the foundation of governance lies in comprehensive and all-encompassing policymaking.

Governance policymaking encompasses a wide range of tools, including cultural promotion, media literacy, incentive-based regulations, and regulatory frameworks. Relying solely on stringent policies without cultural and social backing will yield counterproductive results, pushing users toward utilizing tools to circumvent restrictions.

Therefore, the governance approach must be multifaceted, intelligently employing both soft and hard tools tailored to the context. Platform self-regulation and collaboration among various actors are also critical factors in effective cyberspace governance.

Contemporary Jurisprudence: What assumptions and obstacles influence governments’ approaches to cyberspace governance?

Ostadi: Governments’ approaches to cyberspace governance depend on various assumptions and factors, including:

• Ideology and Worldview: The ideology and worldview of the ruling authority shape governments’ approaches to freedom of expression, information control, and security.
• Legal and Regulatory Frameworks: Laws and regulations related to cybercrimes, privacy, data protection, and intellectual property determine governments’ governance approaches.
• Economic Dependence on Cyberspace: Governments with strong digital economies typically adopt a more open approach to the internet and cyberspace.
• International Interactions: International treaties and commitments influence governments’ internet policies.
• Level of Public Participation: Governments’ participatory or authoritarian models in cyberspace governance affect the level of public involvement.
• Technical Capability and Cybersecurity: Governments’ ability to counter cyber threats and ensure digital security shapes their governance approaches.

Contemporary Jurisprudence: To what extent does Islamic jurisprudence influence effective cyberspace governance, and which jurisprudential rules and principles are impactful in this domain?

Ostadi: Islamic jurisprudence, as a cornerstone of the intellectual framework governing Iranian society, plays a significant role in shaping the frameworks for cyberspace governance. This discipline can define the legal, ethical, and religious frameworks related to governance in this space.

To achieve this, jurisprudential issue identification in the realm of cyberspace is necessary to examine matters such as privacy protection, permissible and impermissible content, user rights, justice in the digital space, e-commerce, cybercrimes, and more from a jurisprudential perspective.

Jurisprudence must interact with other disciplines, such as law, philosophy of technology, social sciences, and communication, to formulate comprehensive and effective policies. Given that our legal system is based on sacred Islamic law, the role of jurisprudence in cyberspace governance is highly prominent.