Civil liability due to defamation in the common law legal system with an comparative approach in Iran’s law

Regarding the historical process of defamation in common law system, we find that this concept, despite of maintaining its traditional status as a crime, has also penetrated into civil rights and is known as a tort currently, and seeks to create a balance between the right of Freedom of expression and protection of right to privacy. A tension that has become a major controversy in democratic societies. In the common law system, pseudo-crime of defamation, which reflects the protection of the reputation of individuals, due to its non-overlapping with other civil crimes is considered as an independent pseudo-crime and in legal system of Iran and has been legistated in a wide range of fields. However, the main issue of this study is that the civil liability of defamation with such a wide range  meaning is also acceptable? In this regard, we have decided to conducta comparative study and emphasizing on the legal and practical approaches in countries following common law legal system to review the legal capacities available to explain the concept of defamation, as well as the conditions for recognition of civil liability arising from it. Although some justifications can be found in accordance with the general rules of civil liability and concepts such as intellectual property,but the lack of distinct laws and integrated jurisprudence in this regard will undermine the scope of its admission.