The Basis of Liability for False Commercials Advertising from the Perspective of Jurisprudence, Ethics and Legal Systems of Iran and the U.S.

Increasing of false commercial advertising and the harms it can cause to society and citizens raises moral, jurisprudential and legal concerns. The aim of this study was to examine the basis of liability resulting from false commercial advertising, from the perspective of jurisprudence, ethics and law and to reveal the necessity for more attention of policymakers, legislators and implementers in this regard.

This research is a theoretical study in terms of type. It is also descriptive-analytical in terms of discussion method and a library (documentary) in terms of method of doing.

Ethical Considerations: 

In the present study, ethical principles and requirements have been considered and while observing the originality of the article, fidelity and referring to the sources have been observed.

Deception, misguidance, loss and violation of justice are the elements that make commercial advertising responsible through some jurisprudential rules and ethical principles. In Iranian law, false advertising based on mistake and deception (fault) provides responsibility. In American law, the elements of misleading, deception and mistake are considered as the basis for creating responsibility. However, the legal basis of responsibility will vary depending on the nature and conditions of the advertisement and the position of the person in charge (including the producer and the ordering party and the publisher of the advertisement).

The basis of liability, including ethical, religious and legal (civil liability) in false commercial advertising, are basically two elements of deception and misleading. In the first one, malice intent and a guilty mind element is presumed and in the second, it is not necessarily associated with malice intent. Despite more judicial and executive action in the U.S, In both legal systems, under the influence of various factors such as the impression of advertising and the wide audience, non-enforcement of laws and resorting to interpreting the nature of exaggerated statements in the custom of advertising and difficulty of proving the claim and restitution, the responsibility of advertising is not taken seriously, which also leads to an increase in false advertising and violations of the rights of consumers.