A Legal Analysis of Civil Liability of Digital Platforms for User-Generated Content: A Comparative Study of French and EU Law

Abstract:

With the expansion of cyberspace and the growing role of digital platforms in content dissemination, fundamental questions arise regarding the civil liability of these platforms for user-generated content. In Iranian law, traditional rules of civil liability fall short in addressing the complexities of this domain. This paper examines the legal foundations of liability in Iranian law and conducts a comparative analysis with the European Union and French legal frameworks. The study identifies key legal gaps in Iran and proposes reforms to ensure effective protection of users’ rights and platform accountability

1. Introduction

Digital platforms such as social networks, e-commerce websites, and content-sharing services have become central to user interaction and content creation. As incidents involving defamation, misinformation, copyright infringement, and psychological harm increase, the civil liability of platforms has emerged as a critical issue in private law

2. Foundations of Civil Liability in Iranian Law

Iranian civil liability is based on the principle of la zarar (no harm) and the Civil Liability Act of 1960. Liability requires the presence of damage, a harmful act, and causation. However, in the digital context

• Identifying a harmful act is complex—does mere hosting constitute an act

• Causation is ambiguous—are platforms liable for user-generated harm

• Algorithms and AI complicate the attribution of responsibility

3. Comparative Analysis: EU and French Law

The European Union’s Digital Services Act (DSA) provides a structured framework for platform liability

• Platforms are not liable if unaware of illegal content

• Upon notification, they must remove content or face liability

• Larger platforms face stricter obligations than smaller ones

In France, legal reforms in commercial and press law have introduced conditional liability for content hosts. French courts have held platforms liable when they ignore user or regulatory warnings

4. Key Liability Scenarios

• Defamation and misinformation: Failure to remove harmful content after notification

• Copyright infringement: Hosting unauthorized works

• Psychological and social harm: Dissemination of violent or degrading content

• Privacy violations: Publishing personal data without consent

5. Legal Challenges in Iran

• Absence of specific legislation on platform liability

• Lack of specialized regulatory bodies for user complaints

• Weak mechanisms for user identification and content tracking

• Limited legal-tech literacy among judges and lawyers

6. Reform Proposals

• Drafting a dedicated law on digital platform liability

• Amending the E-Commerce Act and Civil Liability Act to reflect digital realities

• Establishing rapid-response complaint systems

• Training legal professionals in digital law and platform governance

7. Conclusion

The civil liability of digital platforms is a complex and evolving issue in private law. Iran’s legal system must undergo structural reforms and draw on EU and French experiences to effectively regulate platform accountability and safeguard user rights