The Digital Historian: Between Civic Responsibility and Ethical Obligation: A Comparative Study

Abstract

In this context, the study examines the civil liability attributed to the role of the digital historian within the digital environment. This focus arises from the understanding that the function of the digital historian has moved beyond purely intellectual and academic activity, developing into a practice closely embedded within a legal framework. Consequently, the discussion is structured around central questions concerning the scope of legal freedom and the corresponding obligations imposed on the digital historian. The findings reveal that the digital historian’s discretion in narration and analytical interpretation is not unrestricted; instead, it operates within limits defined by constitutional principles, statutory provisions, and professional ethical standards. Any breach of these constraints gives rise to civil liability. Such liability assumes a contractual form where a formal legal relationship exists between the digital historian and the documented subject, whereas it is classified as tortious when harmful or misleading material is disseminated in the absence of any contractual linkage. Moreover, the study establishes that the standard for assessing fault is based on the conduct expected of a “careful and perceptive digital historian.” The resulting harm may be either material or non-material, with the right to claim compensation extending to the relatives of deceased individuals where documentation affects ancestral memory or undermines reputational integrity. It is further determined that the absence of a causal connection—arising from third-party intervention or force majeure—precludes liability. However, the presence of good faith does not negate liability where negligence or breach is established. The study therefore emphasises the urgent necessity for a specialised legislative framework to regulate the activities of digital historians, ensuring a balanced alignment between the freedom of historical inquiry and the protection of individual and collective rights in the digital era.