نشریه مطالعات فقه و حقوق رسانه
سال چهارم شماره 1 (پیاپی 7، بهار و تابستان 1401)

In the information age, a significant portion of intergenerational socialization takes place through the virtual space, and the media's penetration and influence are so extensive that some communication theorists believe that the media determine our mental and even behavioral priorities. If they do not teach us how to think, they instruct us on what to think about. In fact, the international flow of information is a center-periphery flow that moves from developed countries towards developing countries. This flow is highly unidirectional, vertical, derogatory, negative, and hegemonic, significantly increasing the ability of external resources to implement actions such as control and infiltration in target countries through the promotion of lifestyle changes. The cultural damage suffered by developing societies (including Iran) as a result of lifestyle transformations will undoubtedly have numerous social consequences. Among these consequences is the weakening of the foundations of the family system and the adoption of foreign cultures incompatible with the indigenous culture, which puts Iranian identity at risk and under threat. This paper aims to address the main question of how the virtual space, by intensifying individualism, has undermined the institution of the family and reduced national cohesion, thereby endangering Iranian identity, which is indebted to the sense of collectivism derived from the historical significance of the family. The research method employed in this paper is descriptive-analytical, using documentary sources and library research.

Privacy between couples is one of the rights that some deny it and others protect and advocate. However in human rights instruments, man and woman even in their relations together enjoy the right of privacy that is necessary for their human dignity, but the domain and quality of this right inside the family is different from other social institutions. Governments sometimes breach the privacy of citizens in accordance of their political goals. Some policies such as increasing or decreacing population may be put the privacy right at the risk of breach and in most countries legal systems, lawmaking for protection of privacy in family life is neglected. Some States only criminalize breach of the right and do no more effective actions. Nowadays development of technologies and communicational tools, delimits domain of application of the right and active interference of States to lawmaking and executive actions to ensure human rights in family is more important.

Parental responsibilities in upbringing children have led to their legal liabilities, and according to Article 7 of the Civil Liability Law enacted in 1960, parents are held responsible for any harm caused to children due to their negligence in the care and supervision. This responsibility encompasses both their actions and omissions. From a legal perspective, inadequate upbringing of a child is considered as negligence and imposes liability on parents. According to Article 295 of the Islamic Penal Code, if someone fails to perform an act that they are obligated to do or abandons a specific duty that they are responsible for, and as a result, a crime is committed, they can be held accountable for intentional, quasi-intentional, or pure negligence. On the other hand, by waiving privacy in the physical realm, all regulations that apply to negligence and abandonment of parental duties in the physical space are also applicable to the virtual space. Regarding the enforcement of these laws, except for the deprivation of custody rights in cases of abandonment, there is no specific provision for parental negligence, despite the existence of guardianship responsibilities and obligations, both in the continuity of life and in separation. The omission of legal measures for parental negligence, including the omission of actions in the virtual space such as abandoning a child, has not been adequately addressed. This article, relying on the principles of Imamite jurisprudence and the legal system of Iran, aims to prove parental legal responsibility for the harms caused by virtual spaces in the upbringing of children and emphasizes the necessity of public education.

The digital environment has become an integral part of everyday life and children's interactions. Alongside the growth of technology and children's use of the digital environment, the associated risks and benefits are also evolving and expanding. Today's children, spending more time in the virtual space, are increasingly exposed to privacy violations and harmful or offensive content, and are likely to be targeted by targeted commercial advertisements more than ever before. These issues call for policymakers to develop laws and regulations that address the specific needs and vulnerabilities of children in this domain. This article aims to provide a comprehensive categorization of the leading risks faced by children online and to align domestic laws and regulations with the specifics of each category. Additionally, it offers a review of international experiences in this field and provides recommendations to address existing gaps in legal protection for children in the virtual space.

Electronic litigation is defined as the process of conducting legal proceedings electronically, from filing a lawsuit and serving legal documents to the adjudication of the case, issuance of judgments, and their enforcement. The acceleration of case resolution, the establishment of universal access to justice, cost reduction, and improved quality of litigation are among the key achievements of electronic litigation. In line with these advancements, many legal systems have been striving to develop laws and regulations to facilitate the implementation of electronic litigation, including in the realm of family disputes. Fundamental principles such as speed, the acquisition of evidence, and reconciliation hold significant importance in family disputes, making the adoption of electronic case management systems in family courts even more crucial. This research, using a descriptive-analytical approach, examines the current state of Iran's legal system regarding the application of electronic tools in family disputes. After analyzing existing laws and regulations, it concludes that although Iran's legal framework does not explicitly provide for a separate electronic litigation system for family disputes, general laws and regulations concerning electronic litigation, such as the registration of lawsuits, referral, service of legal documents, holding court sessions, access to case files, obtaining witness statements, judicial inquiries, and enforcement of judgments, can be applied in family litigation. Overall, the current situation indicates that family courts can be categorized under the second category of electronic litigation, alongside semi-electronic and fully electronic systems.

Nowadays, Technology is a grand narrative in our world which has made fantastic changes in human’s life by progressing in hardware and software fields. It should be said that the current development of the digital environment, such as:  information and communication technology, networks, contents, digital services, virtual reality, artificial intelligence, robotics, the creation of blockchain technology and the emergence of the metaverse platform play a role in different aspects of today’s children lives. In addition, with spreading of COVID and the increasing the usage of virtual world which has played an effective role in the production, dissemination and transmission of educational and entertainment information, online accessibility level has been raised up for different groups of society such as children. Meanwhile, children’s rights as the most vulnerable part of the society has been more likely in danger of abuse and assault. Today's children spend too much time for educational, recreational and entertainment activities on the Internet and digital environment. And they are exposed to all types of dangers and threats. The topic of protection of children and teenagers rights is really noticeable and should be support by all governments, civil institutions and other custodians of children's affairs  This survey tries to answer to these questions: Who is the child? What are the effects of the digital environment in his life? What legal and structural mechanisms are accessible in international and local environments for protecting children rights in digital world?.