The Legislative Scope of Civil Liability Arising from Internet Communications in Iranian Law and International Documents

Abstract

The issue of civil liability arising from Internet communications has always been a highly significant topic both domestically and internationally, consistently drawing the attention of legal policymakers. Given this significance, examining domestic and international laws in this area remains crucial. Furthermore, analyzing Iran’s judicial practice concerning this matter can underscore its importance even more. In the European Union, this form of liability is based on strict liability. A notable reference for further clarification is the European Union Directive on Data Protection (October 24, 1995), whose primary objective is to harmonize the laws of the Member States. According to this directive, Member States cannot reduce the level of protection set forth in the directive within their domestic laws concerning compensation and civil liability. To this end, Chapter III of the directive elaborates on enforcement measures, liabilities, and judicial remedies (Articles 22 to 24). Another relevant document is the European Directive of July 12, 2002, which serves as a supplement to the aforementioned directive. Additionally, the European Directive of March 15, 2006, was enacted to ensure security and prevent criminal activities, addressing compensation for damages incurred by individuals in cyberspace. In Iranian law, this type of liability can be inferred from provisions in the Civil Code, the Civil Liability Act, and the Electronic Commerce Act, including Article 78, which pertains to compensation for damages. This article explicitly refers to compensation for damages arising from transactions and Internet communications by both natural and legal persons. Accordingly, one of the primary objectives of the present study is to examine the legislative scope of civil liability arising from Internet communications in Iranian law and international documents using a descriptive-analytical method. The findings indicate that the legislative scope of this liability is reflected in Iranian laws and judicial practice, as well as in international legal instruments and statutes.