Global or Local? Freedom of Speech and Some Extraterritorial Court Decisions on the Internet
Abstract
The Internet’s cross-border relationships and de-territoriality exacerbate problems
relating to the choice of jurisdiction, the determination of applicable law and the scope of
judicial decisions. This paper seeks to address the latter issue. Taking into account the global
dimension of the problem addressed, a sample of judicial decisions from different continents
was selected for the study. Emphasis is placed on how these judgments operate as "inspiration"
and catalysts for other courts, thereby constituting the main problem examined in the article:
the latent danger of a "race to the bottom". If national courts continue to indiscriminately issue
orders that result in the worldwide removal of content, the law of free speech on the Internet
will be that of the state with the lowest standard. The article advocates restraint and caution
in decision-making and proposes some basic guidelines and principles that courts should
follow, emphasizing "comity" and other basic principles of public and private international
law.
Authors
Ernesto Melian Perez, GabrielCollections
- Queen Mary Law Journal [51]
- Queen Mary Law Journal [38]
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