Scope and Boundaries of Liability of Copyright Infringement for Content Hosting Platforms: A Comparative Study and Formulation of a National Framework

Articles in Press

Document Type : Article Promotional

Authors
Ali Yousefi Gorji 1
Mohsen Arab 2
Abdollah Rajabi 3
1 Energy and International Trade Law,, Faculty of Law, Farabi Faculties, University of Tehran, Qom, Iran
2 International Commercial and Economic Law Department, Faculty of Law, Alborz Campus, University of Tehran, Tehran, Iran
3 Department of Private Law, University of Tehran, Farabi Faculties Qom, Iran
10.22034/jlsm.2026.2075431.1065
Abstract
Cyberspace has become an inseparable part of modern human life and is expanding at an astonishing pace with the rapid emergence of various types of online intermediaries. The presence of numerous advantages and disadvantages has necessitated precise and specialized legislation in this area. Developed countries have gained valuable experience in this domain, and utilizing their regulatory approaches can significantly accelerate the secure and sustainable development of this field in Iran by addressing similar challenges. The findings of this comparative legal study of Iran, the United States, and the European Union demonstrate that Iran's current legal framework is not capable of keeping pace with the evolving needs of cyberspace. Given the inefficiency of existing regulations, a comprehensive, prompt, and coherent revision is essential to simultaneously safeguard individual rights and support the growth of domestic content-hosting platforms. Ultimately, this research analyzes the current legal situation in Iran, outlines the desirable regulatory framework, and identifies existing legislative gaps. It also proposes the essential prerequisites and requirements for formulating a practical and enforceable legal structure aimed at implementing the «Safe Harbor» Doctrine within Iran's digital environment. This proposed legal framework may pave the way for positive developments in the fields of national technology governance and digital law.
Keywords
Content Hosting Platform, Criminal and Civil Liability of the Platform, «
Safe Harbor»
Doctrine, Media Law