Comparative Study of the Liability Bases of the Internet Services Providers

The Internet Services Providers (ISPs) have liability for the injurious acts of themselves and their subscribers. Determining the bases of their responsibility is the most important subject about them. In this regard in the foreign law, someone believes that the fault is the base, and others believe in strict liability. Thus enacting rules such as Electronic Commerce Directive and DMCA were upset to appear a new system applying on liability, i.e. non-liability regime. Thon, under some circumstances the Internet, service providers, known as intermediates, would have no liability for other contents and activities. Generally speaking, in the current legal system of Iran, there are no certain rules about it, and according to the Civil Liability Act, liability is based on negligence. In this field, however, the presumption of negligence may be useful.