نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The rapid evolution of digital technologies and the proliferation of content creation and sharing platforms have given rise to new environments for producing and disseminating various forms of visual representations in cyberspace. In some instances, such representations may be criminal or misleading in nature, potentially causing significant harm to public security, individual reputation, and social trust. This study aims to examine and clarify the scope and foundations of platform liability in relation to the dissemination of such content by analyzing both civil and criminal dimensions within the framework of cyber law.To this end, the research first defines the concept and typologies of criminal and misleading visual representations in digital contexts, and subsequently explores the role of platforms as informational intermediaries in the lifecycle of content creation, processing, and distribution. It further investigates the impact of factors such as algorithmic design, content moderation and filtering policies, the platform’s level of awareness of harmful content, and the extent of their economic benefit in determining the boundaries of liability.The findings indicate that, in most legal systems, platform liability is not absolute but contingent upon criteria such as knowledge, effective control, and the degree of active or passive involvement in content dissemination. Accordingly, various approaches have been adopted, including conditional immunity, notice-and-takedown regimes, and fault-based liability models. At the same time, the emergence of advanced technologies—particularly generative artificial intelligence and sophisticated image-generation tools—has significantly increased the complexity of attributing liability and underscored the need to reassess traditional legal doctrines.In conclusion, this study emphasizes the necessity of striking a balance between freedom of expression, digital innovation, and the protection of individual rights, and offers recommendations for the development of more coherent regulatory frameworks, enhanced platform transparency, and strengthened oversight mechanisms.
کلیدواژهها English