Investigating the Civil Liability of Tobacco' Propagandists in Iran: A Comparative Viewpoint toward American Legal System

Mehdi Safarian, Mohsen Safari

Abstract


One of the most important signs of a dynamic economy is commercial advertisement and presentation of products. Advertisement in fact, helps consumers to become aware of various goods and make a move for buying those needed. However, it should be noted here that whatever intended to be advertised should not be harmful to people and society; advertisement, if restricted to goods and products, would not lead to so much negative criticism, but in reality it embraces selling of imaginations, dreams, and idealistic life styles. Therefore wrong components can lead to a liability. On the other hand advertisement is increasingly related to society's health. This study aims at investigating propagandists' liability in light of the theories of civil liability. Therefore, in facing the fundamentals of civil liability in this area, the theories of guilt and strict liability are able to be examined. Studied the running rules of national and transnational domain, however, the approach considered as the basis of civil liability in this area is the theory of guilt. In the legal system of Iran, according to what was pointed out and considering the exclusive nature of tobacco, the guilt theory is ruling on the process and cycle of tobacco including production, distribution, and promotion. Considering American rules have also revealed that some rules suggest the fact that the theory of strict liability has executive capability in light of damage compensation, but the recent approach of American legislator has deviated from this standpoint and inclined toward the theory of guilt. In any case, the writer strives at investigating the position of damage compensation and fundamentals of advertisement liability, through explaining the ruling theories in this area.

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DOI: https://doi.org/10.5539/jpl.v10n1p210

Copyright (c) 2016 Mehdi Safarian, Mohsen Safari

License URL: http://creativecommons.org/licenses/by/4.0

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