الحماية الجزائية للمستهلك من الاشتهار المضلل : دراسة مقارنة فقهية قانونية

الملخص EN

Nowadays, the electronic commerce and online services (e-commerce, e-service) are so developed in one hand but in other hand the customer received an undesirable massive ad by several means which aiming to seduce him to make deals with it.

for example : a commercial or an advertisement (ad) plays an important role in marketing as an artistic expression for convincing as well as a deceiving and distracting way of commerce which affects negatively on the real good trade which based on trust and honesty about any advertised product, and to give a consumer his right for a correct and a real image about it.

so, the Algerian legislator take a step to prevent all the undesirable images in ads may an Algerian face while using the net and punish the doers of such penalties.

also, our Islamic religion puts all the laws and detailed codes about an honest and true commerce as well as for a moderate and economical consumption for the profit of the individual or for the whole society known as the Hisba doctrine to promote what is good and prevent what is bad.

the study aims to show all the actions that the Algerian legislator has been taking in parallel with our Islamic believes to protect the consumer and prevent the deceiver.

and answering all the questions about how and what should be done for such actions, comparably with the Islamic legislation.

the study concluded that the Algerian legislator has been succeeded in his mission to protect the consumer legally and be updated even with the new electronic commerce.

also show the importance of Hisba doctrine in protecting the Algerian consumer from deceiving, fraud and be exploited.

the result is that make a good profit for individuals as well as for the public sooner or later.