On-Line cross-border defamation disputes
Date of this Version
About 10 years ago, online defamation was one of the most hotly debated topics within the field of conflict of laws and the Internet. While the interest in the topic has subsided somewhat, online defamation remains a perfect lens through which to view the complications that arise due to the combination of (virtually) global information distribution and our location-focused legal standards. Indeed, few other topics so clearly highlight clashes between the societal core values (such as varying approaches to freedom of speech) arising in the Internet arena. Furthermore, with several interesting recent developments, such as the US Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act, recent ECJ decisions and new legislation in several countries, including the Philippines and the People's Republic of China, there are strong reasons to believe that online defamation will return to the frontline of the international debate about how we may best cope with cross-border disputes on the Internet.
This document has been peer reviewed.