Interpreting Sharia Law of Torts in Online Copyright Infringements: A Roadmap for Judges in Saudi Courts

This paper argues that Saudi Arabia urgently needs a doctrinally coherent and culturally legitimate framework for secondary liability in online copyright. The argument is that a coherent framework is a structural necessity, not a technical refinement. The recent jurisdictional role of commercial courts in copyright cases under Vision 2030 highlights the growing importance of Sharia law in the digital realm. This article highlights a doctrinal vacuum at the heart of Saudi copyright law. The paper identifies a significant gap in Saudi Copyright law, namely its need for provisions to regulate the secondary liability of online service providers. The current legal framework, combined with the stringent content removal policies of the Saudi Authority for Intellectual Property, creates an uncertain environment that potentially discourages online business investment in Saudi Arabia. The paper proposes a dual reform strategy to address these issues: integrating authorisation liability into Saudi law informed by UK precedents and developing Sharia tort law. These reforms aim to create a predictable legal environment, fostering technological innovation and economic development while respecting Saudi Arabia’s legal and cultural heritage. The originality of this contribution lies in proposing a dual reform strategy: (i) integrating a Sharia-based doctrine of secondary liability; and (ii) selectively adapting the UK’s authorisation liability.