Abstract:
The crime of defamation through modern means of communication
-A comparative study between Islamic jurisprudence and Algerian law-
Abstract:
Modern means of communication have know rapide technologique
développement, but the abuse of this technologie by somme led to the émergence
of a new type of new crimes that did not existe bifore such as diffamation through
social networks.
This type of crime raised many questions and difficulties from the scientific
and legal point of view of judges and jurists. And In view of the lack of legal
provisions governing such offenses and lack of jurisprudence that is being
discussed at the level of trials and judicial councils, has led to a legal vacuum in
the articles of legislation in the presence of traditional texts that are not sufficient
to be applied often to these newly created crimes.
In order to clarify this, we have tried to provide an idea of the legal nature of
this crime and the legal provisions it regulates under the current traditional
legislative texts, We also tried to clarify the position of the most important
comparative legislation and compare it with the position of the Algerian legislator,
at the end of the research, we will summarize the results and present some
recommendations regarding the problem presented in the topic.
