"Responsibility of Publishing on Social Media in Civil Law

Abstract

"This research addresses the study of civil liability resulting from damages arising from the use of modern technology, such as artificial intelligence and robots. The focus is on the legal frameworks for civil liability, whether contractual or tortious, while highlighting the legal challenges related to identifying the responsible parties. The research also analyzes traditional and modern theories as a legal basis for liability and presents proposed methods for estimating appropriate compensations. It concludes with legislative suggestions to update laws in line with technological developments. Moreover, the Iraqi legislator and judiciary have not provided a definition or interpretation of the concept of electronic broadcasting. The only reference to the electronic concept is in Article (1) of Law No. (26) for the Iraqi Media Network of 2015, which includes electronic media among the media types covered by this law. All electronic sites contain public posts used for public and private communications within the website, and publishing through electronic sites differs from publishing through other media, such as print publishing or electronic newspapers, which follow a licensing system and are accredited by the Journalists' Syndicate, having an editor-in-chief and a managing editor, as part of the titles of electronic sites.Contractual liability for electronic publishing can arise in three relationships: the relationship between the website and news publishers on the site under an employment contract; the relationship between the website and users under the terms and conditions agreement; and the relationship between users and other users under the advertising and promotion agreement through those electronic sites, provided that there is a valid contract, and any breach of the obligations of this contract leads to the emergence of contractual liability."