Civil Liability of Internet’s moral damages on child (Comparative study)

Document Type : Original Article

Author

Faculty of law, Alexandria University, Civil law department,Egypt

Abstract

Despite the positive aspects of the acceleration of technological development that the world witnesses every minute, there is also negative aspects, and among these is what affects a person in his feelings, emotions, (moral damage), which has a bad impact on the child who deals with modern technology in various fields, so we concentrated on facilitating obtaining compensation.

We conducted a comparative analytical study of the Egyptian and American federal legislation that deals with the regulation of that subject, and we divided the research into two sections. The first: deals with the problems of establishing civil liability for online service providers for moral damage to a child, starting with defining the concept of the website manager, ending with defining the nature of his civil responsibility, and obligations imposed on him by the US federal Children Online Privacy Protection Act 1998 (COPPA) and the US federal Kids Online Safety Act 2022 (KOSA), comparing this protection to Egyptian legislations such as the Egyptian Data Protection Law No. 151 of 2020, and Information Technology crimes law No. 157 of 2018, and Egyptian Press and Media Law No. 180 of 2018.

The second section: deals with compensation for moral damage, as it includes the concept of moral damage, and its various forms, in the field of Internet games and virtual reality games, and we discussed American laws that were designed to confront such dangers. Another harm is illegal content, whether because it is obscene or because it affects the child’s psychology, like cyberbullying, and how to confront that through the Egyptian and American legislations, we finally reached several results and recommendations. the most important is the need to make a legislative regulation in Egyptian law that regulates aspects of a child’s interaction with the Internet, and addresses mechanisms to protect him from all aspects.

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