Civil Liability for Content Production in Cyberspace from the Perspective of the Jurisprudential Principle of Tasbib

Abstract

Engagement in cyberspace, like any other domain, entails responsibilities and duties for individuals, one of which is the civil liability for content production. The present study seeks to examine civil liability for content production in cyberspace based on religious directives, particularly the principle of tasbib (causation). The central question is: What is the civil liability of individuals regarding content production in cyberspace in terms of being a cause (musabbib)? The present analysis demonstrates that civil liability encompasses both the prohibitive aspects, requiring the prevention of wrongdoing (munkarat), and the affirmative aspects, encouraging the promotion of exemplary content production practices. The establishment of civil liability in cyberspace necessitates identifying active and influential individuals, including influencers, and defining their liability in accordance with their roles. Furthermore, the principle of tasbib extends to the actions and decisions of managers and policymakers within the Islamic society concerning content production, holding individuals accountable regardless of their position or status. Consequently, civil liability attributes responsibility to both individuals and managers for any material or moral harm resulting from their role in content production in cyberspace. To actualize civil liability in an Islamic society, the development of specialized jurisprudence for media and the implementation of digital civil liability frameworks are recommended. The methodology of this study is descriptive-analytical, employing a library-based research approach.