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

• Main Author: Peter Arnt Nielsen
• Format: Article
• Language: English
• Published: Scandinavian University Press (Universitetsforlaget) 2019-01-01
• Series: Oslo Law Review
• Subjects: Defamation; privacy; rights; freedom of speech; freedomofspeech
• Online Access: https://www.idunn.no/oslo_law_review/2019/01/choice_of_law_for_defamation_privacy_rights_and_freedom_of

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.