The Liability of Mobile Phone Operators for Providing Access to the Internet (A Comparative Study)

Abstract

Mobile phones have become a necessity, which people cannot dispense with or do business without, regardless of their financial or educational status. Mobile phone communications are limitless. Besides, they provide many services apart from their main service (i.e. originating and receiving phone calls), the most prominent of which is the use of the mobile phone to communicate with the Internet. The present study has aimed at defining the scope of liability of mobile phone operators for providing access to the Internet. The study, however, reaches the conclusion that mobile phone are not responsible for the content transmitted/ relayed via their facilities so long as their role remains merely passive and is restricted to only providing a data transmission channel, as long as they are not the providers of such data, nor do they interfere in the content thereof. To illustrate this, the study has been divided into two part, Misuse of the Mobile Phone (Part One) and the Legal System of the Mobile Phone Internet Connection Service Provider (Part Two), preceded by a definition of the mobile phone and a presentable of the services provided thereby (Preliminary Part).