Civil Responsibility for the Harmful Use of an Unregistered SIM Card: A Comparative Analytical Study

Section: RESEARCH
Issue
Vol. 25 No. 82 (2023): Volume 25 Issue 82
Published
Mar 1, 2023
Pages
61-120

Abstract

The emergence of modern means of communication, such as mobile phones, has led to the emergence of multiple legal relations between people. One of the most important of these relations is the mobile services contract concluded between the telecommunications company. It is usually achieved in the form of a professional and specialized commercial company in the field of communications, and the costumer, who is usually a natural person using the telecommunications service. However, since the mobile phone has become inevitable that people, as it is known, works via using SIM card, and those SIM cards are supposed to be distributed and sold by specialized and legally licensed institutions, and registered in the name of its consumer. However, it can be seen that these SIM cards are sold and bought illegally. This has led to owning it and using it by un-liable and unqualified people, and it has become a means to annoy and harm others. The importance of the subject of the study lies in determining civil liability. Does the responsibility lie with the holder of those cards, or with the seller of them? or with the telecommunications companies that distribute them? or with the State, as it is responsible for maintaining the security of society, and stating the legal basis for liability This study also deals with determining the nature of dealing with these cards, whether it is following the law or not, and determining the justifications for such dealings, as well as the existence of a legislative caps regarding the non-regulation of matters dealing with SIM cards, and ends with providing solutions to this problem at the end of this study.

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Authors

Tahsin Smail

Faculty of Law, Political Science and Management- Law Department

Talib Sulaiman

College of Law, Political Science and Management/ University of Soran

Sidqi Amin

Identifiers

https://doi.org/10.33899/alaw.2022.132769.1185
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