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المسؤولية المدنية الناشئة عن الاعلانات التجارية عبر الانترنت : دراسة مقارنة == The Civil Liability Arising From Internet Commercial Advertising A Comparative Study
Author name:
زينب ستار جبار اللامي
Supervisor name:
حسين عبد القادر معروف
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Private Law
Language:
Arabic
University location:
Basrah
First pages:
13T1567 - p.pdf
Abstract:
Use of the Internet generally has exploded in recent years, Many thousands of companies have established “home pages” on the Web, through which they communicate, advertising and marketing materials, as well as other content, to those who choose to access their sites, Often purchases and other contracts may be made directly online, Frequently links are provided by which browsers may be taken automatically to other sites, with materials and content provided by third parties, Many companies provide access to storehouses of information through their site, becoming significant content providers. And The Internet as the world's fastest growing commercial market place, is a powerful medium has been provided in advertising industry, Due to the features and advantages of the Internet compared with traditional media has been seen enormous growth of internet advertising in recent years, which considered as one of the most extensive areas of marketing system.The importance of advertising is so popular that in people mind, marketing term is synonymous with advertising, informing customers of new products, warning customers of product prices, reducing the fear of the customer, the proposed new use of the product, encourage customers, create user preferences towards company's products and services in customers, and encourage customers to buy products and services, and also company Information dissemination web is site for detailed information about a company's goods or services.In this thesis we presents that the Civil liability arising from Internet Commercial Advertising , comparative study and its divided into chapters. The first chapter we discussed the civil liability of online advertising to customer, This chapter provides the identification the content provider (advertiser), and the nature of his liability, when he became liable About false and misleading advertising, because advertising interpretation is a complex problem, the information in the advertising is never completely objective, and unfairness advertising would always stay below a principle of justice, and the Advertiser, by submitting false and misleading advertising affects consumers‘ decisions, try unfairly convince consumers to believe in his ideas, and thus affect the other person‘s ability to compete, By impact of misleading advertising consumers end up purchasing items at a higher price or at a lesser quality than they had intended, and he is harmed from these untruth advertisements, he could ask for compensation for the harm he has gained under contractual obligation if the advertising is an offer. And when it not the law gives the consumer the right to return to the advertiser according to the roles of tort liability, when conditions are available, considering that misleading commercial advertisement is oversight dereliction requires responsibility, and this responsibility does not depends only on the advertiser as if he was responsible for this advertisements, but the advertisement agencies may be solidarity with advertiser responsible for publishing misleading and false advertisements, as well as to the responsibility of ISPs (Internet service providers). Internet service providers or "ISPs" provide Internet access service to customers in exchange or for a free, ISPs also store data for their customers' use, such as on a Usenet newsgroup server or a world wide web server Intermediary service providers have a significant role in information society. No - one can publish or distribute material on the Internet without the aid of an intermediary, Intermediaries are therefore often involved to making available illegal and harmful material regardless whether they were aware of that or not. in the second chapter we has been description the civil liability of online advertising to others, we discuss in this chapter that content provider (advertiser) is strict liable of misleading and false advertising, illegal Comparative advertising, tradename, trademark, advertisement, model industry infringement by copying or counterfeiting, unfair competition, spam and use persons pictures in advertising without consent or use it in unfair way, is liable in civil action for that content in many of the same ways as offline and Internet intermediaries that give access to, host, transmit and index content originated by content provider or provide Internet - based services to content provider which have grown over the recent years.. And The evaluation of the necessity and scope of the legal responsibility of Internet service providers for the information transmitted through their networks.. In order to achieve this aim, the ISPs civil liability for the information transmitted by content provider who have knowledge of illegal content and are in the best positions to prevent it, Knowledge about content provider illegal content has been prevalently recognized as a crucial and an important element of ISPs’ liability.. A service provider is not required to monitor its service or take affirmative steps to seek out the facts surrounding infringing activity on its site or system, except to avoid interfering with standard technical measures, The service provider is not even required to gain access to, remove or disable access to the infringing material if this conduct is prohibited by law. In general, ISP liability can be summed up in three words : "ignorance is bliss" ISP liability for the activities of content provider's is generally based on a knowledge of the content provider's activity, If the ISP is unaware of the behavior content provider, so he is not liable, and most courts seem reluctant to hold the ISP liable for that behavior, However, once the ISP becomes aware of the content provider's activity, or should have become aware of the activity with reasonable diligence, courts are much more likely to hold the ISP liable for content provider's actions or activities
