Introduction and Objective:. This study aims to clarify the legal and theoretical foundations of publishers’ civil liability in Iran’s legal system and analyze the judicial decisions issued by the provincial civil courts (case study), with emphasis on how courts have relied upon legal doctrines such as the fault theory and the risk theory.
Research Methodology: This is a descriptive–analytical study conducted using library-based and field research methods. Data were collected through an examination of key legal sources, including Article 1 of the Civil Liability Act (1959), the Press Law (1985), the Law on the Protection of Authors, Composers and Artists (1969), and a content analysis of judicial rulings issued by the provincial civil courts (case study).
Findings: The results reveal that the primary foundation of publishers’ civil liability in judicial decisions is the fault-based theory, the realization of which depends on proving the three essential elements of a civil wrong: a wrongful act, damage, and causation. However, in certain cases—particularly those involving invasion of privacy, defamation, or harm to public interests—courts have also implicitly invoked the risk theory. The analysis of court decisions indicates that judges mainly focus on compensating material and moral damages arising from publishers’ violations such as copyright infringement, dissemination of offensive content, and negligence in fact-checking. Challenges including legal gaps in digital publishing, lack of clear criteria for assessing moral damages, and socio-cultural influences on judgments have contributed to inconsistencies in judicial practice.
Conclusion: To enhance judicial coherence and public trust, it is essential to develop specific regulatory guidelines for publishers, establish a comprehensive judicial database, revise related legislation, and provide specialized judicial training. Moreover, comparative studies with advanced legal systems can help design a more coherent and future-oriented legal framework for publishers’ civil liability in Iran.