Civil liability in cyberspace

AutorAbolfazl Hessam - Mohammad Gholam Ali Zadeh Kaju
CargoPhD Student of Law, Gorgan Branch ,Islamic Azad University, Gorgan, Iran - Assistant professor of Payame Noor University PhD in Private Law
Páginas772-792
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
772
CIVIL LIABILITY IN CYBERSPACE
Abolfazl Hessam1
Mohammad Gholam Ali Zadeh Kaju2
Abstract: With the advent of cyberspace
and the increase in the number of users,
the growing trend has led people to a
path that has changed their interactions
and lifestyles. There may also be
restrictions on this route, or people may,
in their own right or by any other person,
commit acts outside the terms and
conditions of using this space. As a
result, they are also liable for their
actions as compensation for civil liability
arising out of an unusual act. This study
examines the concept of cyberspace and
the dangers that exist in this space, as
well as the civil liability for violating the
rights, terms and conditions of its use by
its target audience.
Keywords: Responsibility, Cyberspace,
Civil Responsibility.
1PhD Student of Law, Gorgan Branch ,Islamic Azad University, Gorgan, Iran; Email:
Hesam.abolfazl@gmail.com
2Assistant professor of Payame Noor University PhD in Private Law; Email:
m_gholamalizadeh@yahoo.com
1. Introduction
The rapid growth of
information and communication
technology has created an emerging
context as a cyberspace that has taken
humans out of their normal lives and led
them to a new world of interaction,
sharing and ... And it has also affected
ordinary human life. As Manuel Castells
puts it, new information technologies are
connecting the worlds of the world in
global networks, and computer
communications are forming a set of
virtual societies, resulting in the
transformation of all human material and
spiritual structures and processes [1].
Indeed, as societies benefit from
information and communication
technologies and play a role in
communication and interaction between
people and the exchange of information
and community access to this process,
social change will accelerate and
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
773
intensify. Thus, to say that a solid link
between information and
communication technologies and the
formation of social life has been
established is not an exaggerated concept
[2]. Although new technology is defined
by technical and instrumental aspects,
the social science approach to this
phenomenon is focused on its contexts,
functions, effects, and results. Dennis
McQuilley believes that we do not need
to be a technology algebra to believe that
a technology embodiment of a device
can have a profound effect on the content
and reception of what is relevant to its
possible communications and effects.
2. Defining Cyberspace
Literally in different cyber
cultures it means virtual and intangible,
it is a virtual and intangible environment
in the space of international networks
(these networks are connected through
information highways like internet)
where all information about the
relationships of people, cultures, nations,
Countries and everything in the physical
world (in the form of text, images, audio,
documents) exist in a digital space and
are usable and accessible to users and
through the computer, its components
and international networks are
interconnected [4].
3. The Concept of Cyberspace
One of the fundamental rights
of individuals is the right to have such
information and to communicate with
others. People in their lives have to have
a series of private, public and family
relationships, the nature of these
relationships is typically that one is not
concealed and aware of it. In principle, it
is a disaster, but everyone has 100%
private issues that require precision,
secrecy and non-disclosure, non-
disclosure of privacy and personal
information in the community has
become a right, and people are obliged to
observe it, to enter life. Private
individuals are morally offended and
legally responsible in every way [5].
Nowadays, the advancement of
information technology has created a
situation that has raised the issue of
personal and information security more
than ever before; computer and
information technology knowledge does
not only threaten the information or
family images of individuals but may
also be defective. Other issues advocated
by the legislature are also used, for

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