أركان المسؤولية المدنية الناتجة عن النشر الإلكتروني
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Nasr Muhammad Alshuaibi
Abdul Samat Musa
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Copyright (c) 2024 Nasr Muhammad Alshuaibi; Abdul Samat Musa;
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Abstract
This study aims to highlight the pillars of civil liability resulting from electronic publishing in Arab legislations. It also addresses the weakness of some Arab legislations in regulating the vast array of electronic publishing means. The research emphasizes that the freedom of electronic publishing and freedom of opinion are not absolute. Instead, there should be a clear ethical and legal principle for all segments of society, including journalists, bloggers, and publishers of various orientations, to regulate electronic publishing without causing harm to others, as "freedom ends where the freedom of others begins." The study's significance lies in clarifying the nature of civil liability placed on electronic publishers when they harm others, violate human privacy, or infringe on individuals' right to personal freedom. This is examined within the framework of legal regulations that protect individuals and communities from such violations across all forms of electronic media (readable, audible, and visual). The researchers employed a combination of scientific methodologies, primarily using the descriptive analytical method alongside a comparative approach. They analyzed texts from the Civil Transactions Law and relevant legislation, focusing on both tort and contractual liability applications, particularly in terms of harm and damage resulting from electronic publishing. The study concludes that regulating anonymous electronic publishing is challenging due to the policies of some social media platforms. These platforms often fail to verify users' identities, allowing fictitious data that can cause harm to individuals and communities. Unlike traditional civil liability in paper publishing, which is easier to regulate and monitor under existing laws, electronic publishing liability is a newly emerging responsibility that proves difficult to control given the vast amount of online content.