Açıqlama:

The rapid expansion of the digital environment has significantly impacted the protection of personal non-property rights, leading to new legal challenges related to privacy, online defamation, and identity theft. Unlike material damages, moral damage resulting from such violations is difficult to quantify, making compensation mechanisms complex and inconsistent across jurisdictions. This article examines the legal frameworks governing the protection and compensation of moral damage in digital violations, focusing on Azerbaijan, the European Union (EU), and the United States (US). A comparative analysis highlights the differences in legal approaches, including statutory regulations, judicial precedents, and the role of international courts such as the European Court of Human Rights (ECtHR). In Azerbaijan, the protection of personal non-property rights is primarily based on constitutional and civil law provisions, with increasing reliance on ECtHR jurisprudence. However, national courts face challenges in ensuring consistency in moral damage compensation, particularly in digital violations. In the EU, the General Data Protection Regulation (GDPR) provides a structured mechanism for addressing moral damage, reinforced by ECtHR case law on privacy rights and data protection. The US, in contrast, follows a common-law approach, where compensation largely depends on judicial discretion and constitutional principles such as the First Amendment. The study emphasizes the need for harmonization of legal standards to enhance the effectiveness of digital rights protection. The growing influence of ECtHR rulings and international legal instruments suggests a trend toward stronger safeguards for individuals affected by digital rights violations. The findings underscore the importance of developing clear and enforceable guidelines for compensating moral damage in the digital space.