The Civil Liability of the Sender of Messages Via Social Media Platforms

Abstract

Social media has become an integral part of our daily lives, facilitating communication among individuals. However, this increased usage has introduced legal challenges, particularly concerning the civil liability of senders. Civil liability pertains to compensating for harm caused by unlawful acts or harmful deeds, such as spreading rumors, false information, or defamation, which may result in material or moral damage to individuals. To establish civil liability, three elements must be present: first, the existence of a harmful or unlawful act; second, that this act directly or indirectly causes harm to the victim, whether material or moral; and third, the presence of a causal link between the act and the harm. Potential damages include financial compensation and moral damages related to reputation and honor. Additionally, the sender may face legal penalties related to incitement of hatred or the dissemination of discriminatory content. The primary challenge in this context is the rapid spread of information online and the difficulty in tracing its source, complicating law enforcement. Nevertheless, modern laws concerning cybercrimes are working to establish regulations to govern such behavior. In conclusion, the use of social media must strike a balance between freedom of expression and legal responsibility. Individuals should be aware that the content they publish may have legal consequences if it causes harm to others.