Imposing Civil Liability on Multiple Causes of Harm in Cyberspace in Iranian Law

Abstract

Cyberspace, characterized by its unique features such as being borderless, has expanded the possibility of norm violations to all corners of the world. The purpose of this study is to examine the imposition of civil liability on multiple causes of harm in cyberspace under Iranian law. The research method is descriptive-analytical, relying on library resources. In Iranian law, given the absence of a specific mechanism for the emergence of civil liability in cyberspace, civil liability can be imposed equally or jointly on multiple causes based on traditional and general civil liability doctrines, particularly considering the element of fault. In the case of multiple successive causes in both cyberspace and the real world, the research findings indicate that, although there are similarities, the principles and elements of civil liability in cyberspace often differ from those in the real world due to the involvement of multiple actors and internet intermediaries. Civil liability for multiple successive causes in cyberspace differs from that in the real world, with the default being the theory of customary cause, while for multiple concurrent causes, the default is shared liability. Regarding judicial practice on the distribution of liability in the case of multiple causes in cyberspace, it can be said that judicial practice distinguishes the distribution of liability in cyberspace depending on the actors involved. For natural persons, the default is customary liability based on fault, while for legal entities and internet intermediaries, the default is strict liability, without the requirement of fault.