The Rome II Regulation and choice of law in internet-based violations of privacy and personality rights: On the wrong track, but in the right direction?

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Abstract

Editorial
Extract: The current situation in Europe is that each country’s domestic choice of law rules determine the applicable law in relation to non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation. While natural in view of how the law in this fi eld has evolved, this system is cumbersome in the extreme. It creates an often prohibitive obstacle for cross-border litigation, and places a heavy burden on those who engage in cross-border distribution of information, not least major newspapers, TV stations and other mass media outlets.
Original languageEnglish
Pages (from-to)275-297
Number of pages23
JournalAustrian Review of International and European Law
Volume16
Publication statusPublished - 2014

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privacy
personality
Internet
regulation
Law
constitutional state
mass media
obligation
newspaper

Cite this

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title = "The Rome II Regulation and choice of law in internet-based violations of privacy and personality rights: On the wrong track, but in the right direction?",
abstract = "Editorial Extract: The current situation in Europe is that each country’s domestic choice of law rules determine the applicable law in relation to non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation. While natural in view of how the law in this fi eld has evolved, this system is cumbersome in the extreme. It creates an often prohibitive obstacle for cross-border litigation, and places a heavy burden on those who engage in cross-border distribution of information, not least major newspapers, TV stations and other mass media outlets.",
author = "Svantesson, {Dan Jerker B}",
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language = "English",
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journal = "Austrian Review of International and European Law",
issn = "1385-1306",
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N2 - Editorial Extract: The current situation in Europe is that each country’s domestic choice of law rules determine the applicable law in relation to non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation. While natural in view of how the law in this fi eld has evolved, this system is cumbersome in the extreme. It creates an often prohibitive obstacle for cross-border litigation, and places a heavy burden on those who engage in cross-border distribution of information, not least major newspapers, TV stations and other mass media outlets.

AB - Editorial Extract: The current situation in Europe is that each country’s domestic choice of law rules determine the applicable law in relation to non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation. While natural in view of how the law in this fi eld has evolved, this system is cumbersome in the extreme. It creates an often prohibitive obstacle for cross-border litigation, and places a heavy burden on those who engage in cross-border distribution of information, not least major newspapers, TV stations and other mass media outlets.

M3 - Article

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JO - Austrian Review of International and European Law

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