A Comparative Study of the Protection of Children's Image Rights in Cyberspace

Document Type : Original Article

Authors

1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

2 M.A. in Family Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.48300/jlr.2022.325738.1929

Abstract

Advances in technology and advancing in the digital age and cyberspace have led to the emergence of new rights for individuals. One of the new issues is the right of children to be photographed in cyberspace; where children - as one of the most vulnerable sections of society - are exposed to all kinds of victimization through the violation of their rights. In this regard, it is necessary to protect children and make protective laws due to being in an unequal situation. Dissemination of children's images due to persistence in cyberspace causes much harm to children. Invasion of privacy, affecting their right to self-determination, sexual abuse of images, violation of the right to mental health and psychological damage are among the effects of abusing children's image rights; which are all against his interests. The present study seeks to provide legal solutions by examining the importance of the status of this right and its violations and by using descriptive-analytical method and comparative approach. Findings indicate that the systematization of cyberspace along with the close supervision of governments requires performance guarantees in case of violation; This vacancy is clearly visible in the domestic legal system of Iran.

Keywords


  1. Anjalas, Kausar and Mahnaz Bayat. "Legal identification of transsexuals from negative identification to positive identification". Medical Law Quarterly 55 (2019): 175-202.
  2. "Austrian child sues parents over online photos", accessed 8/10/1400 https://www.koodakpress.ir-.
  3. . Catherine Davis Marcum and George E. Higgins, social networks as a tool for committing crimes, translated by Hamidreza Danesh Nari and Dr. Ebrahim Davoudi (Tehran: Mizan, 2017).
  4. . Dashab, Mehyar. "Reflection on the Lanzarote Convention of the Council of Europe on the protection of children against sexual exploitation and abuse". Public Law Research Quarterly 60 (2017): 125-155.
  5. Ervanian, Amir, Mohsen Maljo, Behrouz Javanmard, Seyed Mehdi Seyedzadthani, and Nafsieh Metolizadeh Nayini. Child abuse: from etiology to response. Third edition. Tehran: Khorsandi, 2016.
  6. Falahi, Reza. "Image rights". Master's thesis, Tehran: University of Judicial Sciences, 2018.
  7. Ghanizadeh Bafghi, Maryam. "Proportional assessment of children with disabilities with the best interests of the child in the light of Iranian laws and international documents". Comparative Law Studies 2(2018), 597-616.
  8. Ghanizadeh Bafghi, Maryam and Zahra Ghanizadeh Bafghi. "Custody components in the context of the child's higher interests". Legal Research Quarterly 84(2017): 299-324.
  9. Javadan, Muhammad. New religious thinking in Islam and reflections on the inherent dignity of human beings and human rights, the theoretical foundations of human rights, the collection of articles of the second international conference on human rights. First edition, Qom: Mofid University Human Rights Studies Center, 1382.
  10. Karamati Moez, Hadi. Victimization of children in virtual networks. Tehran: Judge, 2019.
  11. Mohseni, Farid. "The contribution of children and teenagers to criminal protection in virtual and real space". Criminal Law Doctrines Quarterly 1(2016): 137-169.

12.Mirshkari, Abbas. "Image rights". Private Law 1(2017): 149-174.

  1. Nasr Esfahani, Mohammad. Universal declaration of human rights and Alevi thought. First edition, Isfahan: Farhang Mardom Publications, 1382.
  2. . "Our offline and online identity in the postmodern era", accessed on 9/23/1400, https://rooziato.com/
  3. "Publishing a child's photo in cyberspace is prohibited for this reason", accessed on 10/8/1400 https://netnevesht.com
  4. Roshan, Mohammad and Hossein Hamdi. "The rights of the child in Iran's law and judicial procedure and the Convention on the Rights of the Child". Children's Rights Quarterly 1(2018): 161-190.
  5. Roshan, Mohammad and Mahro Ghadiri. "Adoption and the right to the family in the light of the best interests of the child". Legal Research Quarterly, Special Issue 14 (2012): 73-102.
  6. Safai, Seyyed Hossein, Rights and intellectual property. Tehran: Mizan, 2015.
  7. Shariati, Maryam and Zamanian, Masoumeh and Khalili, Milad. "Publication of children's images in cyberspace and its effect on pre-puberty personality development in the light of Iranian law and international regulations". Scientific Quarterly of Law and Modern Studies 2(1400):1-18.
  8. Shoja Sangcholi, Mehrovieh. "Privacy of children in the subject law of Iran and the Convention on the Rights of the Child". Scientific Quarterly of Law and Modern Studies 1(2019): 1-17.