Choice of Law for Defamation, Privacy Rights and Freedom of Speech

Oslo Law Review, Volume 6, No 1, 2019, p. 32-42, ISSN online 2387-3299; DOI: 10.18261/issn.2387-3299-2019-01-06

Copenhagen Business School, CBS LAW Research Paper No. 19-30

12 Pages Posted: 25 Sep 2019

See all articles by Peter Arnt Nielsen

Peter Arnt Nielsen

Copenhagen Business School - CBS Law

Date Written: September 24, 2019

Abstract

The conflict between defamation and privacy rights on the one hand and freedom of speech on the other in international litigation is very controversial in the EU. The phenomenon, also known as libel tourism, is caused by a mixture of national and EU rules of jurisdiction, choice of law and recognition and enforcement of judgments, even though the former and latter are harmonised by the EU. The problem is that the EU has not yet harmonised the choice-of-law rules for defamation and privacy rights. Thus, proposals for reform of the EU choice-of-law rules are discussed.

Keywords: defamation, privacy, rights, freedom of speech, EU choice-of-law rules

JEL Classification: K10, K30, K40

Suggested Citation

Nielsen, Peter Arnt, Choice of Law for Defamation, Privacy Rights and Freedom of Speech (September 24, 2019). Oslo Law Review, Volume 6, No 1, 2019, p. 32-42, ISSN online 2387-3299; DOI: 10.18261/issn.2387-3299-2019-01-06; Copenhagen Business School, CBS LAW Research Paper No. 19-30. Available at SSRN: https://ssrn.com/abstract=3458822

Peter Arnt Nielsen (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

Register to save articles to
your library

Register

Paper statistics

Downloads
21
Abstract Views
93
PlumX Metrics