Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. (Corresponding Author)
10.22034/jiscm.2023.347209.1399
Abstract
One of legal challenges of cyberspace is the violation of the rights of media audiences in cyberspace. This legal challenge is not limited to the stage of violation of the right, and it is also observed in the stage of realization of the right, so that the injured party faces several shortcomings in the way of realization of the right.
A Part of this failure is due to the specific technical requirements of cyberspace and the other part is related to the legal deficiencies in litigation. Due to the insufficient pathology of this issue in the legal literature of our country and the existence of numerous lawsuits in this field in the Iranian judiciary, the present article seeks to answer the question of the extent of judicial inadequacies in increasing rights violations by descriptive-analytical and comparative methods. The media audience is effective in cyberspace, and what are the main causes of these shortcomings in our country? The provable hypothesis is that this category of inadequacies, while having a significant share in increasing violations of the rights of the addressee, are mostly due to the inadequacy of laws and structural problems of the judiciary. The present article is presented in two parts (the first part, the main substantive deficiencies and the second part, the main formal judicial deficiencies in handling the cases in question) and at the end, it presents specific and practical solutions to the legislator and the judiciary.
Sadeghi,M. (2023). Problems and Failures of Litigations on Audience rights in cyberspace in Iran: Comparative Study. Journal of Interdisciplinary Studies in Communication and Media, 5(Law and Media), 5-26. doi: 10.22034/jiscm.2023.347209.1399
MLA
Sadeghi,M. . "Problems and Failures of Litigations on Audience rights in cyberspace in Iran: Comparative Study", Journal of Interdisciplinary Studies in Communication and Media, 5, Law and Media, 2023, 5-26. doi: 10.22034/jiscm.2023.347209.1399
HARVARD
Sadeghi M. (2023). 'Problems and Failures of Litigations on Audience rights in cyberspace in Iran: Comparative Study', Journal of Interdisciplinary Studies in Communication and Media, 5(Law and Media), pp. 5-26. doi: 10.22034/jiscm.2023.347209.1399
CHICAGO
M. Sadeghi, "Problems and Failures of Litigations on Audience rights in cyberspace in Iran: Comparative Study," Journal of Interdisciplinary Studies in Communication and Media, 5 Law and Media (2023): 5-26, doi: 10.22034/jiscm.2023.347209.1399
VANCOUVER
Sadeghi M. Problems and Failures of Litigations on Audience rights in cyberspace in Iran: Comparative Study. Journal of Interdisciplinary Studies in Communication and Media, 2023; 5(Law and Media): 5-26. doi: 10.22034/jiscm.2023.347209.1399