المسؤولية المدنية الناشئة عن اضرار وسائل الاعلام : دراسة مقارنة == Civil Responsibility Arising From Damage To The Media A Comparative Study)
Author name:
بيداء حسين حربي
Supervisor name:
حيدر فليح حسن
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1465 - p.pdf
Abstract:
تعد حرية الراي من الحريات التي كفلت الدساتير والقوانين حمايتها وتتم ممارستها عبر وسائل الاعلام، ولكن يجب ان تتم ممارسة هذه الحرية وفقا لحدود معينة تتمثل بوجوب احترام حق الانسان في المحافظة على خصوصياته وصوره وسمعته، فكما ان لوسائل الاعلام حرية ممارسة حق | Freedom of opinion is one of freedom that charged the constitutions and laws to protect it.It could be practiced across media, but this freedom must be practiced according to certain restrictions represented in necessary of respecting human rights in preserving his specialties, images and reputation.Medai has practiced its rights in freedom off publishing and expressing its opinions frankly and openly, besides responsibility for taking into consideration the rights of others and avoiding defamation others and violate their privacy.Perhaps what happened in the development in different media methods such as press ,broadcasting ,T.V channels and emerging of new media represented by internet network which contributed greatly in damaging privacy and reputation of the individuals and their dignities and revealing their specialties which they are very keen to keep and protect behind closed doors and did not allow to be seen by others.Some media rush in the purpose of getting some benefits or achieve its objectives in order to satisfy their follow and attract great numbers of people or to achieve money gains by exposing the people or their reputation ,and this behavior represents greats mistake requires compensations which means exciting civil responsibility against media. Which can be a contract or tort liability, according to the presence or absence of a contract between the media and those who touched damage,This compensation may be in different methods, as kind compensation in kind representing right of reply and correction, that every person has the right of verify or confront or correct what published against him across media regarding exposing his specialties whether openly or implication. There were many cases cannot be compensated in kind where some times cannot return the state for his original state and his dignity as it was before the damage thus there is no way for judgment but to resort for compensation in kind and it may be a sum of money and its called the (cash compensation) or performance of certain matter and what is called (non - cash compensation).It is necessary to assess the compensation with observation of the damage caused to the plaintiff as a result of what is published in mass media and constituted an offensive for him and should equality of compensation with the damage, but some times there are perplexed circumstances surrounding the person responsible for the damage or person subjected to damage should be taken in to consideration when assessing the compensation.A lawsuit is filed of requesting compensation of damage caused to the plaintiff as a result of what is publishing in mass media by the plaintiff himself and in case of his death, then the lawsuit is raised by his heirs, knowing that the person responsible for the damage against him the suit is raised is different by different by difference of the mass media such as press, broadcasting and television or net, but there are some cases may lead to avoid the civil responsibility caused by mass media damage as a result of certain motives discharging the pressman of the responsibility, some of these cases the person subjected to damage via publishing which should be according to certain circumstances or expressed it by the suitability manner and against the mass critic could be practiced in the art, religious or political fields and related with thecriticized incidence which should be fixed events, and the truth and expressed the good will of the pressman, and defend by the truth in works of public official or whom in his responsibility in which the defended events are conditions to be correct and expressing the pressman good will.
