Problems of Jurisdiction of Online Defamation Cases in European Union Law

Abstract

The scientific study dives into the analysis of the jurisdictional problems created by Article 7 (2) of the Brussels Ibis in online defamation cases. The thesis discusses the notion of defamation in linguistic, historical, systemic approach in light of the EU’s primary substantive and procedural laws, which demonstrated a lack of certainty and consistency due to the absence of common notion of defamation in EU law. The research identifies and underlines the main effects of the Internet on defamation cases and its challenges and consequences regarding determining of competent courts in EU Member States. The conducted assessment is focused on the CJEU case law and given interpretation through the years and the development from newspaper to the online defamation, examining the problems, consequences of established criteria for determination of competent forum for online defamation. The established criteria by the CJEU are analysed in light of main objectives of the Brussels Ibis and right to fair trial. The thesis provides conclusions and recommendations based on the comprehensive research that identifies and underlines problems of determining jurisdiction in online defamation cases. The key findings of the thesis are that the created inconsistency and uncertainty derive from the non-existing uniform concept of defamation; the lack of uniform approach and clear interpretation regarding determination of competent court for online defamation requires new special rule to ensure legal certainty, predictability and sound administration of justice.