Jurisdictional Rule "x" in the Conflict of Laws -Challenges of Policy and Security in Internet Torts with Business Implications

Abstract

Legal issues that concern defamation continue to attract attention as complex technology drives the Internet. Litigants participate in legal spaces which governments now dominate through policies and legislative actions. Increasingly, however, these legal spaces are being ceded by conflict of laws from the standpoint of jurisdiction vis-à-vis the appropriate courts to hear cases that such private litigants bring. This development contradicts the increasing convergence between public and private international law which should underpin policy and legislative approaches in this area. This article focuses on defamation cases where international business interests are implicated. Adopting a comparative legal approach with a European baseline, the article examines the need to articulate a clear policy with respect to Internet jurisdiction. Any applicable policy should cater to the interests of both developed and developing countries. Building on a foundational analysis with respect to the nature of relevant cases and parties, the article critically examines how best to ascertain appropriate courts to hear defamation cases. This approach is suggested with a view to not only ensuring a necessary and complementary participation by both public and private actors, but also achieving solutions to jurisdictional issues from a pragmatic standpoint.