Civil Liability for Damage to Digital Content (Comparative Study)
Authors: Al-Halfi Kazem Hammadi Yousef 
Published: October 2024

Digital content is one of the results of the modern digital revolution, which affects the most accurate and personal rights of individuals. Personal and public information that is collected and shared over the Internet is increasing, which leads to the imposition of a type of risks and challenges whose impact is widespread, frequent and accelerated across the digital field, which is characterized by complexity and sensitivity of people. The digital field is cross-border, multidimensional, interconnected and rapidly spreading among users. Rights related to the circulation of information, including freedom of opinion and expression, freedom to circulate information, the right to privacy, the right to digital security, and the right to digital privacy. It is not a right to harass people under the pretext of freedom of opinion and expression. Everyone has the right to adopt a certain faith or thought without being harassed by others as a result of their own ideas or beliefs, provided that they are limited by some of the necessary restrictions specified in the text of the law, and in a manner that preserves the public interest. The right to privacy is also an endorsement of personal freedom without seriously 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 presented to the public, and here it entails the responsibility of 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 way that ensures influence and influence in many areas to increase meaningful human knowledge, but without intruding on the rights of others. Everyone has the right to privacy through the digital field of Internet networks, as everyone has the right to protect their personal data, retain, process and control it, and not to allow others to penetrate it. Everyone should benefit from the digital revolution, and the optimal use of meaningful digital content as producers of contents, blogs and services, not just consumers. Therefore, the issue of competencies for the optimal and meaningful use of digital content is part of the indicators of the special dimension of participation in a way that ensures a critical sense, efficiency, and ethics, and in a way that ensures the public use of the digital field of the Internet, and in a way that promotes digital human rights. All digital human rights must be respected, which find its legal basis in positive legislation and international charters, but they are still subject to violations, especially in light of the increase in personal information circulated to users , which may be misused by some and cause serious harm to others , may affect their reputation , or personal consideration, and sometimes this may be a tool used to blackmail the victim , or bullying him, and then make him vulnerable to many serious material or moral damages. Digital content may have several aspects , in which there may be meaningful content and a tool for human development among individuals , and digital content may include a violation of the rights of other people, exposing them to material and moral damage, and this in turn reflects on societal peace, and exposes social ties to disintegration , dispersion , and lack of confidence in dealing with others , and here it has become necessary to develop deterrent legal rules for people who misuse the digital field of wide Internet networks and their various programs. The pillars of civil legal responsibility are available when a certain person uses the digital field 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, and here the element of error is achieved. If this error results in damage to the person whose digital rights have been violated as a result, the second pillar of civil legal responsibility is formed, and when the causal relationship is available, the three pillars of responsibility are formed, and when available, the person responsible for this is held accountable. Civil liability for the damage of digital content constitutes an effective system to reduce the damage of the violation of the digital rights of subscribers through the digital field. The tools of this liability must be at a high-level equivalent to the damage and the consequent risks. All public and private efforts should be combined to reduce this. The damage is not private, but rather results in a serious reflection that results in the modern disintegration of social ties.