Choice of Law for Defamation, Privacy Rights and Freedom of Speech

Abstract

The conflict between defamation and privacy rights on the one hand and freedom of speech on the other in international litigation is very controversial in the EU. The phenomenon, also known as libel tourism, is caused by a mixture of national and EU rules of jurisdiction, choice of law and recognition and enforcement of judgments, even though the former and latter are harmonised by the EU. The problem is that the EU has not yet harmonised the choice-of-law rules for defamation and privacy rights. Thus, proposals for reform of the EU choice-of-law rules are discussed.