Social media and violation of third parties' personality rights therein

Document Type : Research Article

Authors
1 PhD student in criminal law and criminology, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran
2 Assistant professor, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran
Abstract
This research deals with the comprehensive investigation of the phenomenon of violation of the personality rights of third parties in the context of social media. The main goal is to provide a systematic analysis of the nature and functions of social media, to investigate the mechanisms of violation of personality rights, and to evaluate the legal and ethical consequences of this phenomenon. Using descriptive-analytical methodology and inductive approach, library resources, scientific-research articles and related legal documents have been examined. Data analysis was done with qualitative content analysis and coding techniques. The results show that the violation of personality rights is mainly caused by structural deficiencies in the security of platforms and the deliberate actions of users with criminal motives. The study classifies the types of privacy violations into four categories: unauthorized disclosure of private information, defamation, publication of false information, and misuse of digital identity. The present research highlights the legal and ethical challenges by analyzing the conflicts between the right to freedom of expression and privacy. Suggested solutions include developing comprehensive legal frameworks, promoting digital literacy, developing protection technologies, and strengthening platform accountability. The findings of this research can be a basis for policy making in the field of digital governance and cyber law and suggest new fields for interdisciplinary studies in law, information technology and social sciences. In addition, the present study examines the increasing impact of artificial intelligence and machine learning algorithms on privacy and personality rights in cyberspace. Also, this research is dedicated to evaluating the role of national and international regulators in the regulation of personal data protection in social media. Finally, this study offers suggestions for balancing technological innovation and protecting users' rights in the digital age.
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Volume 1, Issue 2
January 2025

  • Receive Date 14 July 2024
  • Revise Date 28 December 2024
  • Accept Date 04 January 2025