Liability Tort Liability for Unlawful Publication on Social Media in Palestinian Legislation "A Comparative Analytical Study"

Abstract

This study focuses on tort liability resulting from unlawful publication on social media platforms under Palestinian and Jordanian law, due to the novelty of these platforms and the scarcity of specialized studies in this area. The study clarifies the nature of publication on these platforms, which is considered a right guaranteed by the Universal Declaration of Human Rights, but is sometimes misused in ways that lead to defamation or harm. The aim of the study is to highlight the right of the harmed party to claim compensation under general legislation, in the absence of a specific law regulating these matters. It also seeks to present the forms of unlawful publication that give rise to liability, identify the competent judicial authority, and outline the mechanisms for assessing compensation. The study problem lies in evaluating the effectiveness of the Palestinian legal framework in addressing unlawful publication on social media platforms, as well as the adequacy of current legislation to remedy the resulting harm and protect the rights of the affected parties. The study concludes that publication in all its forms is guaranteed under the Palestinian Basic Law, which affirms the right to freedom of opinion and expression. However, while publishers on social media platforms enjoy freedom of publication, this freedom is conditional on respecting human dignity, the property rights of others, copyright protections, public order, and refraining from using or exploiting social media platforms for unlawful publication. The study recommends enacting a specific law to regulate tort liability on social media platforms, balancing the protection of security with the granting of legitimate freedom of expression.