The responsibility of mobile phone companies for damage caused by the non-subscriber


AbstractThe mobile phones have become an important means and necessary for the connection so that cannot be dispensed with, which requires a law guaranteeing the organization and prevent the misuse, and despite the issuance Law No. (15) for the year 2008, in the Kurdistan region, which prevents misuse of communication devices, and required phone companies mobile phone to register the names of holders and imposes sanctions on companies that breach of this obligation, But despite of spectrum available today in the market phones are not registered in the name of any person or recorded the names of the phantom can be used for illegal purposes of defamation and insults, threats and defamation.... etc which would entail about the occurrence of crimes and damage to people and that's where the damage should be compensated and the culprit must be punished , but the offender could escape from punishment because of no knowledge of the doer, and thus the aggrieved deprives of the compensation due to the lack of an updated knowledge ,The research attempts to discuss this issue and find a solution for it, so that if there is no knowledge of the perpetrator , the mobile phone company is responsible for promoting crimes under Article (6) of the Act to prevent the misuse of telecommunication number (15 ) for the year 2008 in the Kurdistan Region and in terms of Article 80 of the Penal Code as well as from the civilian responsibility based on the tort of the company incarnate its mistake Non-registration or registration of fictitious names damage. In the other hand the research studies contracts between the company and the user to hold a mobile phone, although the research includes several conclusions and