Nowadays, platforms and platform-based businesses are well-known terms in society and most people are somehow involved with them. Facebook, Instagram, Twitter, Google, Apple, Amazon, and Uber are examples of successful and popular international platforms. In our country, we can also mention Aparat, Digikala, Divar, Snapp, Tap30, and Cafebazaar as successful platform examples. Platforms create a space that facilitates the relationship and interaction between producers and consumers of a product, whether it be goods or services. Successful platforms become widespread due to their networking power, and as a result, investors are more likely to invest in them. As of today, successful startups and most public companies are platform-based.
One of the challenges for platform-based businesses is the illegal actions and crimes committed by users of these platforms, which has caused serious problems for platforms in Iran. In fact, the consequences of illegal actions by users make platforms and their managers legally responsible (both civil and criminal). For example, uploading

But what principles of law and under what legal basis do platforms and their managers hold responsible, condemn, and punish their users’ actions?

In Iran, we are facing a legal vacuum regarding the responsibility of platforms. Although the Computer Crimes Law of 1388 has defined criminal offenses in the virtual space, it remains silent on the legal responsibility of platforms. According to Article 19 of this law, if the manager of a legal entity commits a computer crime, or if a crime is committed by their order, or if one of the employees of the legal entity commits a crime with the knowledge of the manager or due to their lack of supervision, or if the entire or part of the activities of the legal entity are dedicated to committing a crime in the name of the legal entity and in its interest, the legal entity will be held criminally responsible. The second note of this article states: “…if the conditions mentioned in the first note are not met and the crime cannot be attributed to a private individual, only the legal entity will be held responsible.” Therefore, this law implicitly accepts the “criminal responsibility of legal entities resulting from the actions

The legal basis for legal liability arising from an unlawful act.

People can be considered criminally responsible and be tried and punished when they have committed a crime under the conditions of sound mind, maturity, free will, and intent. However, criminal responsibility arising from an act of another person is only applicable when it is possible to punish someone for the criminal act, even if they had no participation, assistance, or knowledge of it, but are only held responsible due to their specific position. In criminal law, the principle is that crimes and punishments are personal, but there are exceptions to this rule, known as criminal responsibility arising from an act of another person.

This type of criminal responsibility was common in ancient times and during the era of private justice, as seen in the Code of Hammurabi. Today, all civilized countries have accepted the principle of personal crimes and punishments. The Quran states, “No bearer of burdens will bear the burden of another.” In Islamic jurisprudence, this verse is interpreted as the principle of personal responsibility and is referred to as the