CIVIL LIABILITY FOR HARMFUL ELECTRONIC PRESS PUBLICATION: AN ANALYTICAL STUDY
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Date
2022-02-14
Authors
Affoori, Tasneem
Journal Title
Journal ISSN
Volume Title
Publisher
An-Najah National University
Abstract
This study is summarized in revealing the concept of electronic journalism, defining it and then distinguishing it from the traditional printed press, studying the provisions of the journalist’s civil liability for harmful electronic publishing, ensuing his obligations and rights, the compensations he must provide in case of a breach, the basis of these compensations and how it is estimated.
This study will be discussed in two chapters. In the first chapter, I will address the nature of electronic journalism and journalistic work and the nature of the harmful electronic act, hence, I define the journalist and electronic journalism from the law point of view, then, addressing the harmful electronic act and the place of its occurrence and verification, clarifying its multiple forms and the differentiation between the occurrence of damage in the virtual world and its occurrence in the electronic world.
The second chapter was devoted to talk about the pillars of the journalist’s civil responsibility and the effects of the journalist’s breach of his obligations by studying the cases in which the journalist is within the scope of contractual responsibility and the cases in which his actions fall under the penalty of tort liability, followed by the effects of breaching the journalist’s obligations which I dealt with through the study of compensation in most of its aspects, starting by clarifying its concept and its basis with the availability of fault and damage and the causal relationship between them, and then, the basis for estimating compensation and evaluating it in order to commensurate with the damage as the damage is estimated according to its extent, finally, I moved at the end of this study to the response and correction that they fall on the false and misleading news that the journalist publishes which in turn causes harm to others, and the extent of the responsibility that falls on the journalist in case of refraining from correction, respect for public morals, publication ban and censorship imposed on journalistic work.
Description
This study is summarized in revealing the concept of electronic journalism, defining it and then distinguishing it from the traditional printed press, studying the provisions of the journalist’s civil liability for harmful electronic publishing, ensuing his obligations and rights, the compensations he must provide in case of a breach, the basis of these compensations and how it is estimated.
This study will be discussed in two chapters. In the first chapter, I will address the nature of electronic journalism and journalistic work and the nature of the harmful electronic act, hence, I define the journalist and electronic journalism from the law point of view, then, addressing the harmful electronic act and the place of its occurrence and verification, clarifying its multiple forms and the differentiation between the occurrence of damage in the virtual world and its occurrence in the electronic world.
The second chapter was devoted to talk about the pillars of the journalist’s civil responsibility and the effects of the journalist’s breach of his obligations by studying the cases in which the journalist is within the scope of contractual responsibility and the cases in which his actions fall under the penalty of tort liability, followed by the effects of breaching the journalist’s obligations which I dealt with through the study of compensation in most of its aspects, starting by clarifying its concept and its basis with the availability of fault and damage and the causal relationship between them, and then, the basis for estimating compensation and evaluating it in order to commensurate with the damage as the damage is estimated according to its extent, finally, I moved at the end of this study to the response and correction that they fall on the false and misleading news that the journalist publishes which in turn causes harm to others, and the extent of the responsibility that falls on the journalist in case of refraining from correction, respect for public morals, publication ban and censorship imposed on journalistic work.
Keywords
Electronic Press Publication, Harmfrum electronic press publication, Replay and correction, Compensation, Digital press, Harmful slander.