Legal Issues

Legal Issues

by Mike Masnick


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Yet Another Case About The Jurisdiction Over Internet Libel Charges

from the not-this-again... dept

This is a legal question that's going to keep showing up: is a news publisher liable for libel laws in countries other than where they publish, if they publish on the web? A few years ago, an Australian court ruled yes, saying an Australian man could sue Dow Jones in Australia over a story they wrote and hosted in the US. Last month, a similar case got some attention, but this time, because the person who felt wrong lived in Saudi Arabia, but sued in the UK because they have stricter libel laws. This, of course, demonstrates the real problem with leaving this jurisdictional question open: people will jurisdiction shop to find one with more favorable laws. The latest case adds another twist. A former UN official accused of various "sexual and financial transgressions" is suing the Washington Post over their stories on the subject in Canada. A Canadian court has said this is okay. In his defense, he does live in Canada. However, he didn't move there until three years after the article was published. Either way, these types of cases are going to become increasingly common, and certain locations will build up reputations for (a) allowing internet libel cases that originated elsewhere to be heard there and (b) for regularly siding with the individual making the accusations.

5 Comments | Leave a Comment..

 

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  1. Internet Child Custody Cases?

    by dorpus - Mar 14th, 2005 @ 3:40am

    It's a lot easier to have intercontinental relationships now, and thus, international babies. Will we see a new generation of intercontinental custody battles, or internet orphans who were conceived in one country, birthed in another, and abandoned in a third?

    (reply to this comment) (link to this comment)

  2. No Subject Given

    by Anonymous Coward - Mar 14th, 2005 @ 5:52am

    It is actually called forum shopping, not jurisdiction shopping.

    (reply to this comment) (link to this comment)

  3. Jurisdiction over Amazon.com products?

    by dorpus - Mar 14th, 2005 @ 10:49am

    Japan has no laws against selling child pornography, thus Amazon is the largest seller of the material in Japan. Most of the kiddie porn videos on this site are sold through Amazon.

    http://girlsdvd.jugem.jp/

    (reply to this comment) (link to this comment)

  4. No Subject Given

    by Anonymous Coward - Mar 14th, 2005 @ 11:05am


    Why not simply make up a list of the biggest offenders (countries like Australia, The U.K. and Canada apparently, who allow frivolous cases like this to plug up their courts) and simply deny access to them based on there laws… When disclaimers start popping up saying “Because your country is backwards and stupid, you are not allowed to view this content…” People will be pissed, and laws will change.



    (reply to this comment) (link to this comment)

  5. pending suit

    by blorpus - Mar 14th, 2005 @ 7:43pm

    This is notify you that I plan to file a class action suit against Techdirt in the Duchy of Grand Fenwick for mental anguish, for subjecting me and my ilk to the inane ramblings of a certain Dorpus and his/her/its ilk.

    (reply to this comment) (link to this comment)

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