نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
In recent decades, social networks have become a platform for the emergence and expansion of a new phenomenon called "influencers"; people who, by using their verbal and visual influence, play an effective role in guiding public opinion, promoting lifestyles, and advertising products. The present article examines the civil liability of influencers in the context of social networks with a descriptive-analytical approach. The purpose of writing this research is to examine the position and role of influencers' responsibility in cyberspace and their civil liability for their activities on social networks and its exceptions; the research findings show that regarding the civil liability of influencers and its foundations, the general rules of civil liability and civil law can be used. In our legal system, the civil liability of influencers is based on the theory of fault, and the theory of no fault is an exception. Given the lack of specific laws in the field of influencers, in some cases the theory of fault may face challenges. Such as: cases in which minors are used in sexual advertising and also pharmaceutical advertising without legal permission, in such cases, legal theories not based on the theory of fault, such as the theory of strict liability, can be used. In citing the theory of fault, in order to recognize the perpetrator of the damage, the establishment of the causal relationship must be considered. In the absence of a specific law, the possibility of establishing liability and compensation for damage is difficult and sometimes impossible.
کلیدواژهها English