International and Comparative Law Quarterly · 2010 · 54 citations · 0 references
LawInternational LawPublic LawConflict Of LawsFreedom Of SpeechJurisdictionEuropean LawJurisdictional ConflictsForum Non Conveniens OrdersLex Fori ApplicationLex Fori Concursus
Libel tourism, the practice of forum shopping in transnational libel cases, can undermine free speech when proceedings are brought in a forum with no real connection, especially under English law which is pro‑claimant. The article examines when English and EU conflicts law apply to assess whether a genuine problem exists, and proposes possible solutions. It analyzes English and EU conflicts law, focusing on choice of law, jurisdiction, and forum non conveniens. The study finds that libel tourism is especially problematic in England due to its pro‑claimant libel law, and that the problem is amplified on the Internet.
Abstract This article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.