Civil liability for digital content damage (comparative study)
Authors: Al-Halfi Kazem Hamadi Yousif , Khalil Arkan Muhammad 
Published: October 2024

Digital content is one of the results of the modern digital revolution that affects the most accurate and specific personal rights of individuals, as the personal and public information that is collected and shared through the Internet is increasing, which leads to the imposition of a kind of risks and challenges whose harm is extended to a wide, frequent and accelerating scale through the digital field. Which is characterized by the complexity and sensitivity of people, as the digital domain is transnational, multi-dimensional, interconnected, and rapidly spreading among users. The rights related to the circulation of information, including freedom of opinion and expression, the freedom of information circulation, the right to privacy, the right to digital security, and the right to digital privacy, it is not right for people to be harassed under the pretext of freedom of opinion and expression, for every person has the right to embrace a certain belief or A certain thought without being harassed by others as a result of his own ideas or beliefs, provided that they are defined by some necessary restrictions specified by the text of the law, and in a way that preserves the public interest. The right to privacy is also a credibility for personal freedom without the person seriously and unjustly violating the right of another person to the extent that his affairs and conditions are under the knowledge of others, which causes the privacy of others to be exposed to the eyes of the public, and here he is responsible for violating the right of others to privacy. Privacy is a fertile field for individuals to exercise their right to enjoy self-development with others, in a manner that guarantees influence and influence in many areas to increase purposeful human knowledge, but without intruding on the rights of others. Every person has the right to privacy through the digital domain of Internet networks, as every person has the right to protect his data Personality, retention, processing and control over it, and not allowing others to penetrate it. Everyone should benefit from the digital revolution, and the optimal use of purposeful digital content as producers of content, blogs, and services, not just consumers. Therefore, the issue of competencies for the optimal and purposeful use of digital content is part of the indicators of the special dimension of participation in a manner that guarantees critical sense, efficiency, and morality, in accordance with Ensures public use of the digital domain of the Internet, in a way that enhances digital human rights. All digital human rights must be respected, which find their legal basis in positive legislation and international covenants, but they are still vulnerable to violations, especially in light of the increase in personal information circulating for users, which some may misuse and cause serious harm to others, may affect his reputation, or His personal consideration, and sometimes it may be a tool used to blackmail the victim, or bully him and then make him vulnerable to many material or moral damages. Digital content has many aspects, in which it may be a meaningful content and a tool for human development among individuals, and digital content may include a violation of the rights of other people, and expose them to material and moral damages, and this in turn reflects on social peace, and exposes social ties to disintegration, dispersion, and lack of confidence in dealing with people. Others, and here it has become necessary to put in place legal deterrent rules for people who misuse the digital domain of the wide Internet networks and its various programs. The elements of civil legal liability are available when a specific person uses the digital domain by producing inappropriate digital content on the Internet through which he deliberately offends others in their personal consideration, reputation, or honor, whether the aim is to blackmail the victim, or bully him electronically, Here, the element of error is achieved, and if this error results in damage to the person whose digital rights have been violated as a result, the second element of civil legal liability is formed, and when the causal relationship is available, the three elements of responsibility are when it is available to hold the person responsible for that accountable. Civil liability for digital content damage constitutes an effective system for limiting the damages of violating the digital rights of subscribers through the digital domain. The tools of this liability must be at a high level that corresponds to the damages and risks resulting from that, and all public and private efforts should be combined to limit this, as damages are not Especially, but it has a serious repercussion that results in the disintegration of social ties in a modern way.