نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Digital transformation has shifted the nature of risks facing children from content-related harm to algorithmic harm, challenging traditional legal frameworks. Focusing on "Recommender Algorithms" within digital platforms, this research demonstrates how these systems, driven by the attention economy and behavioral engineering, target children's mental health and endanger the fundamental objective of Sharia, namely the "protection of the intellect" (Hifz al-Aql). The paper argues that the Iranian legal system possesses dynamic jurisprudential capacities to confront this phenomenon. Drawing on the views of Imami jurists regarding the maxim of "Tasbib" (causation), the platform is identified as the "stronger cause" due to cognitive manipulation and structural deception (Ghurur). Furthermore, applying the preventive function of the "La Darar" (no harm) maxim imposes a positive duty on platforms. Ultimately, through a comparative study of pioneering legislation (notably the EU Digital Services Act and the UK Online Safety Act), this research proposes a forward-looking framework for Iran centered on the "Algorithmic Duty of Care" and the procedural mandate of "Algorithmic Impact Assessment for Children," shifting the supervisory paradigm from reactive responses to proactive prevention.
کلیدواژهها English