Jurisdiction and personality rights – in which Member State should harmful online content be assessed?

Abstract

Legal responses to online infringements are complex for many reasons. Law is put into action in courts, most of which are national. The territorial boundaries of their jurisdiction are ill-suited to deal with the borderless nature of the internet. This article concentrates on the difficulties of deciding jurisdiction when harm happens online. Specifically, it deals with infringements of personality rights. When an alleged infringement occurs on a webpage, in an online newspaper or on a social media platform, the question arises as to which Member State has jurisdiction. In this article, I will discuss the case law from the CJEU on jurisdiction concerning the protection of personality rights, such as privacy or personal reputation. The crucial provision is Article 7(2) of the Brussels Ia Regulation (henceforth ‘the Regulation’). Disputes concerning national jurisdiction are generally resolved with reference to the principle of predictability. This article asks, in essence, what it means – and what it should mean – in an online environment.