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The Civil and Ethical Liabilities Regarding the Violation of Individuals´ Personality Rights in Cyberspace
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Abstract: (335 Views) |
Background: Personality rights are among those fundamental human rights that protects an individual against the violation of his or her privacy by others; Today, due to widespread use of internet services and new technologies, these rights have turned into the most challenging legal issues. Internet intermediaries and users may violate the personality rights of individuals and their privacy in cyberspace by publishing their private information. To support these rights, and considering the fact that some general rights to personality are recognized in Iranian law, it is necessary to answer these questions, what are the theoretical foundations of the violation of personality rights by internet intermediaries and users? Considering the fact that violation of such rights is mainly a violation of moral rights, in addition to a guarantee of criminal execution, can a guarantee of civil liability be used in cases related to the violation of personality rights? In the present research, these questions are answered by examining the related issues.
Conclusion: Unauthorized access to the individuals´ private information and data is considered as violation of personality rights and harmful activities resulting in civil liability. Fault-based liability is the dominant foundation of Iranian law. Of course, considering the functions and natures of the two groups of players, i.e. internet intermediaries and users, present in this environment, we should consider the independent and individual civil liabilities of each of these two groups.
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| Keywords: Civil liability, Cyberspace, Personality rights, Users, Internet intermediaries |
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Full-Text [PDF 381 kb]
(211 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/10/9 | Accepted: 2022/12/10 | Published: 2023/11/20
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