Defamation and the Internet
Download the conference paperThis paper provides a brief overview of the issues raised in cases of international dissemination of defamatory content through the medium of the Internet.
A. Private International Law
- Is the tort foreign or domestic?
- Jurisdiction - which courts can and will accept jurisdication?
- Choice of Law - which law will be the substantive law?
- Proof of Foreign Law
B. Other issues particular to the medium
- Defences for Intermediaries
- Relevance of foreign defences to a domestic tort
- Statute of Limitations and issues raised by continuing publication
- Identification and republication.