Justifying the Criminalization of Disseminating Misleading Information in Cyberspace in Light of Criminalization Criteria

Document Type : Research Paper

Authors

1 Ph D Student, ,Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad. Mashad, Iran.

2 Associate Professor Department of Faculty of Law and Political Science Ferdowsi University of Mashhad , Mashad, Iran.

3 Professor , Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashad, Iran.

4 Department of Criminal Law, Faculty of Law, Aleppo University.

Abstract

In an era of rapid information growth in cyberspace, the challenges of criminalizing and controlling the dissemination of misleading information have become prominent issues in ethics and criminal law. Opinions on criminalizing misleading information are divided into two groups: those supporting criminal intervention and those opposing it. This study examines the feasibility and justificatory frameworks for criminalizing misleading information in cyberspace. The main research question is how to justify the criminalization of misleading information dissemination from the perspective of criminal law philosophy. The article employs an inductive-deductive method, analyzing the criteria for justifying criminalization and applying them to the behavior of disseminating misleading information to determine its feasibility and limits. Focusing on four key criteria of criminal law philosophy—Filtering, Balance of Reasons, Social Acceptance, and Harm Prevention—this research demonstrates how these criteria can provide a justified framework for criminally addressing the dangers of misleading information in cyberspace.

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 23 May 2024

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