The Frontiers of Society, Science and Technology, 2021, 3(7); doi: 10.25236/FSST.2021.030708.
Yongrui Wang
School of Law, Macau University of Science and Technology, Macau
Internet defamation arising with the increasing development of the Internet. The efficiency, unboundedness, and wide range of the Internet distinguish Internet defamation from traditional defamation. The traditional jurisdiction and the determination of applicable law seem out of place. Major countries have developed new rules for online defamation based on traditional rules. Our country should introduce the comprehensive and objective "accessibility principle" based on the principle of the most intimate. In terms of the application of the law, the law of the court should be introduced based on the principle of the most intimate, rather than uniformly applying the law of the habitual residence of the infringed.
Parallel litigation; Online Defamation; Private international law
Yongrui Wang. The Jurisdiction of Foreign-related Online Defamation and the Determination of the Applicable Law. The Frontiers of Society, Science and Technology (2021) Vol. 3, Issue 7: 40-44. https://doi.org/10.25236/FSST.2021.030708.
[1] Qu Guangqing and Ou Fuyong, Introduction to International Civil Procedure [M]. People's Court Press, 2004 edition.
[2] Liu Renshan, The European Union's Legislative Practice to Balance the Right of Personality and Freedom of Speech——From the perspective of the legislative attempt of the applicable rules of the infringement of personality rights [J]. Global Law Review, 2014 (6).
[3] Laura E. Little, internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States [J]. LEGAL STUDIES RESEARCH PAPER SERIES,2013-09-01.
[4] Jiang Youyou, Research on the Legal Application of Foreign-related Network Defamation [J]. Wuhan University Law Review, 2019 (3).
[5] Katharina Boele-Woelki and Catherine Kessedjian, Internet: Which Court Decides? Which Law Applies? [M], Kluwer Law International ,1998, p.179.
[6] Tan Xiaojie, Coordination of Transnational Network Defamation Jurisdiction Rules [J]. Times Law, 2019 (5).