الحماية القانونية للمتضرر من التلوث الإلكتروني لأبراج الاتصال

Abstract EN

One of the most important problems facing the environment is the difficulty of recyclingelectronic waste, because its components contain lead, mercury and some toxic substances.

Theseinclude communication towers, mobile devices and their means of their operation such astelevisions, computers, video cameras, Thus, the Iraqi legislator has determined the responsibility of the communication companies forthe damage caused by the text of Article 231 of the Iraqi Civil Code, which stipulates thefollowing: - (Anyone who has at his disposal mechanical devices or other things that requirespecial attention to prevent their harm, Be liable for any damage caused unless it is proved that hehas taken due care to prevent the occurrence of such damage, taking into account the specialrelevant rules.

However, there are some developments that make this text not enough to deal with the corporatoresponsibility of the electronic pollution for communication towers.

Therefore, we recommend the Iraqi legislator to add a paragraph to Article (11) of theEnvironment Protection and Improvement Act No.

27 of 2009 to become as follows (1) to prevententities with activities affecting the environment from performing their work without obtaining theapproval of the Ministry.

2- Morality is canceled if it is proved that the damage caused by theproject is greater than estimated in the report submitted to the administrative authority).