Examining Solutions for Addressing the Deficiencies of the Civil Liability Law in Cyberspace

Abstract

With the advancement of information and communication technologies, cyberspace has become a new platform for social, economic, and cultural interactions. This environment presents numerous challenges and opportunities that require specific laws and regulations to manage and oversee activities and interactions within it. One of the main challenges is ensuring the protection of individual rights and compensating for damages arising from misuse and unlawful actions. In this regard, civil liability law has become essential as a framework for compensating material and moral damages resulting from activities in cyberspace. Iran’s Civil Liability Law, enacted in 1960, has revealed shortcomings with the emergence of modern technologies and the widespread use of the Internet and social media. These shortcomings include insufficient coverage of liability arising from the dissemination of false information and violations of privacy, which may lead to the infringement of users’ rights and the emergence of legal complications. This study examines the deficiencies of civil liability law in cyberspace, including an analysis of statutory provisions, comparison with legal approaches in other countries, and identification of strengths and weaknesses in the current law. The findings indicate that existing deficiencies contribute to increased public dissatisfaction and distrust toward cyberspace. Therefore, addressing these shortcomings and proposing practical solutions is essential. It is recommended that supportive mechanisms be established for victims of cybercrimes and that international experiences be used in the reform of relevant laws. This study can serve as a scientific and practical reference for improving civil liability law in cyberspace and contribute to enhancing the legal protection of users.