Crimes against Advertising Rules in Electronic Commerce

In accordance with the Electronic Commerce Act, suppliers are obliged to respect the rules concerning advertising, the breach of which, constitutes a crime against advertising rules in electronic commerce. Articles 50-55 and article 70 of the Electronic Commerce Act constitute the basic legal elements of such crimes. The Actus reus of crimes against advertising include physicalconduct, such as deceptive advertising, endangering human health, non-providing sufficient data, false advertising or advertising with unknown identity, and unwilling advertising. The accused of thecrime is the advertiser and victim is consumer. Such crimes do not depend on special results. The fundamental element of the crime is a physical act within the framework of electronic commerce. From a mental perspective, the mens rea of Crimes against Advertising include intentional behaviors. Unintentional behaviors are not regarded as crimes Against Advertising. Since the penalty included in article 70 of the Electronic Commerce Act is regarded as a fifth degree punishment, the rule of leniency as established by the Islamic Criminal Act is not applicable in this context, as far as minor crimes are concerned.