المسؤولية المدنية للمؤسسات الاعلامية : دراسة مقارنة == Civilian Responsibility For The Media Institutions Comparison Study
Author name:
شيماء سعد مجيد
Supervisor name:
عباس علي محمد الحسيني
Abstract:
when Media Establishments are practicing their various activities , they may attach damage to others, which leads to civil responsibility whether it was negligent or contracting responsibility by compelling them to compensate the affected.The study aims at providing more protection to the affected due to media establishments work whatever their entity was through viewing the practical reality path of these establishments on the general and special principles and rules in Jurisprudence, legalization and laws which requires conducting personal interviews with specialists in media work and some editions issued by media establishments.The important of legal study and the reasons for choosing the topics were manifested in the rapid development of media activity with the different ways , and its intervention in the functions they have the great importance in the community , its represented with Indicate public opinion , to dissemination of culture among the public , deliver the news to them , Through the media institutions that manage these activities and supervised on , this activity and his institutions have a lot of rights and freedoms that should be employed to achieve the functions and tasks referred to , however, these institutions may deviate from the borders drawn to those rights or arbitrarily in use , which should make a real balance between the right of media institutions in the using of their activities and the people's right to preserve their rights , such as not compromising them dignity or expose their privacy otherwise the inflicted damage that they have will requires Legal liability for the media organizationsaccountable for. and we will show the most important points that can be show the importance of research on the subject and the reasons for this choice : 1 - Study civil liability of media organizations have not been cared by scholars of civil law , It all focused their concerns on the study of civil liability for journalists employees and non - employees in these institutions , as well as limited studies of some of the media , that is why we found it appropriate and necessary that this care have to extends to the responsibility of the various media institutions and media engaged in a variety of activities, to find out the concept and provisions , to completing the idea to the reader without having to be incomplete or fragmented.2 - Although this subject as shown in practical problems caused by media organizations to engage in activities , however, it is clear that the advent of the provisions of civil laws general formulas are free from private texts facing civil liability in question - this is not a defect in it - In terms of these laws that legislators want them to be general laws apply to everyone and accommodate new ones in the future , , which requires a stand at these texts and find out their suitability for the organization of civil liability for media institutions and absorbed all its provisions , or they need some development where, sometimes amendment, interpretation at other times. That is what this study seeks. The issuance of special legislation dealing with provisions important aspects of activity of media organizations and press or radio or television requires a stand at the texts, analysis and what can be provided upon the support or modify them or claim the legislation of other texts to accommodate some of the molecules that are in dire need of intervention of the legislature in organized.3 - Starting from the importance of what we have said, the judiciary has sought his part to take advantage of some of the current legal provisions and undertakethe task of broad interpretation to each other as who is appointed to keep up with that seen in the facts before him daily of the evolution and acceleration in the use of techniques that damage to others, until he realized that it is appropriate that there should be a private publishing and broadcasting courts be closer to this reality , and he had what he wanted, where has introduced some of these courts, particularly in Iraq which requires stand at how to handle the judiciary of such facts in the general trial orspecialized.4 - In addition to the above, the strong desire for us - and we are working on the side of these media institutions - to take advantage of our media to diagnose what can be diagnosed , , And stand at the stations that require to stand on them daily, in order to offer it to provisions of the law until we see the extent of the commitment of media organizations the legal for conduct of its business , and if we had scored - with regret - lack of cooperation by some media organizations, including private and official in brief us on some of the contracts concluded by the which is an important source of civil liability of these institutions in general and in particular contractual responsibility with.The significance of the research is manifested in the technical and scientific development in the field of media activity on which these establishments are based and the immense openness the world witnesses in general and Iraq in particular in the field of media work.We tackled the subject of this research through a preliminary research in which we viewed the concept of media establishments within two chapters : in the first one , we searched the concept of civil responsibility of media establishments. We devoted the second one for the civil responsibility rules of media establishments.
