The Liability of the Re-senders of Misleading Content in Cyberspace Envisaged by Law and Islamic Jurisprudence
Subject Areas : Legal Studies of Cyberspace
Majid Safari
1
(دانشجو)
seed mohamad sadegh mosavi
2
(Dr. Seyed Mohammad Sadegh Mousavi, Faculty Member of Shahid Motahari High School, Tehran, Iran)
seed abolghasem naghibi
3
(Dr. Seyed Abolghasem Naghibi, Faculty Member of Shahid Motahari High School, Tehran, Iran.)
Keywords: Cyberspace, responsibility, misleading, Resending, Misleading Content,
Abstract :
Development and expansion of uncontrolled social networks has become one of the most important concerns of families and academia as well as the religious leaders. Expanding the subject and considering the misleading books and the orders concerning the same and their distribution in the cyberspace, studies the liability of the resenders of the concerned content. The paper employs library method in collecting the needed data and is descriptive-analytical. Distribution of the misleading books in the media and cyberspace is punishable by itself and, therefore, the liability of the re-senders of such content are considered to be same as the main author and depends on the quantity and quality of the sent and distributed content and the intent and legal elements as well as actus reus and mens rea of the same. Therefore, all the liabilities of the original producer of the content are applied to the re-sender as well. The liability of the original producer and sender and the re-senders depend on the number of the groups and these people are responsible towards the damages incurred. Noting that not all the damages by misleading media could be compensated for, and that the Haqq al-Nas (what is due to men in contradistinction to what is due God) are to be compensated for with the owners of the media, supposing that the owners are not known, secondary verdicts including general cultural obligations and religious enlightenment activities could be issued
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