Analysis of Civil Liability in Cyberspace within the Iranian Legal System
Keywords:
Civil liability, cyberspace, Iranian legal system, privacy violation, legal challengesAbstract
With the expansion of information and communication technologies, cyberspace has become the primary platform for social, economic, and cultural interactions in contemporary societies. Alongside its numerous benefits, this transformation has generated new legal challenges, particularly concerning civil liability arising from online activities. The present study examines the various dimensions of such liability within the Iranian legal system and evaluates its strengths and weaknesses. In Iran's legal framework, civil liability is founded upon traditional principles such as the doctrine of causation and the principle of the personal nature of liability. However, these principles face significant challenges when applied to the distinctive characteristics of cyberspace, including user anonymity and the rapid dissemination of information. In particular, in cases involving violations of privacy and the dissemination of false information, the absence of comprehensive legislation results in extensive interpretations of traditional legal rules and, consequently, inconsistent outcomes. This study also examines efforts undertaken to formulate cyberspace-related legislation in Iran, including the “User Rights Protection Plan,” and demonstrates that substantial legal gaps still remain. Ultimately, the research emphasizes the necessity of revising Iranian laws and developing specific regulations governing cyberspace in order to establish a coherent and effective legal framework for protecting individual rights in this environment. Based on the findings, it is recommended that, given the unique characteristics of cyberspace, codified laws be enacted to specifically address civil liability arising from online activities, privacy violations, and the dissemination of false information. Furthermore, the implementation of educational programs for users and online service providers regarding their rights and responsibilities in cyberspace can enhance awareness and strengthen their ability to protect both their own rights and those of others.
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