The Problem Of Trans National Libel
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Author | : Lili Levi |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : |
ISBN | : |
Forum shopping in trans-national libel cases - “libel tourism” - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the U.S. passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less protective than the First Amendment. On March 15, 2011, the British Ministry of Justice proposed a draft Defamation Act 2011 with provisions designed, inter alia, to discourage libel tourism. This Article questions the extent to which the SPEECH Act and the proposed Defamation Act 2011 will accomplish their stated aims. The SPEECH Act provides little protection for hard-hitting investigative and accountability journalism by professional news organizations with global assets. The proposed British bill has important substantive limits and, controversial in Britain, may well not be adopted. Even if Parliament approves it, the site of libel tourism may shift to other claimant-friendly jurisdictions. Global harmonization of libel law is neither realistically feasible nor desirable. Instead, this Article proposes a two-fold approach. On the legal front, it supports the procedural focus of Britain's proposed bill, but also calls for foreign courts to apply a governmental interest analysis to choice of law in trans-national defamation cases threatening core political speech in the United States. On the policy front, it calls for: 1) measures to improve the way in which the press does its job in order to reduce the number of trans-national libel cases; and 2) new approaches to help defend the claims when they are brought. The recommended press-improvement measures include expanded access to, and efficient use of, documents, journalistic self-criticism, and best-practices education. The defense measures explored include the development of alternative, community-based support for libel defense funds; the formation of pro bono libel review consortia; and the promotion of the availability of libel insurance by means designed to help insurers more accurately assess libel risk.
Author | : James Sheptycki |
Publisher | : Routledge |
Total Pages | : 256 |
Release | : 2002-01-04 |
Genre | : Medical |
ISBN | : 1134738471 |
Globalisation, the wired planet, the global village, these are a few of the terms associated with the social and political changes that are said to describe the world at the beginning of the new millennium. One of the most important institutions of the social ordering has been that of policing, but very little has been written on how the practices of social control are affected by the processes of transnationalisation. This book brings together contributions by experts on policing that focus on some of the newly emergent policing issues connected with these changes: *the global private security industry *cross national networking between police *the establishment of an international criminal court *money laundering *policing cyberspace *the drug war Issues in Transnational Policing crosses the boundaries between criminology, international relations and international law to provide a thought-provoking picture of the complex issues surrounding the politics of policing in the future.
Author | : Fiona de Londras |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2022-02-24 |
Genre | : Law |
ISBN | : 1107022738 |
Explores the problems of rights, legitimacy and accountability in transnational counter-terrorism.
Author | : |
Publisher | : |
Total Pages | : 242 |
Release | : 2014 |
Genre | : Electronic journals |
ISBN | : |
Author | : Sean A. Pager |
Publisher | : Edward Elgar Publishing |
Total Pages | : 447 |
Release | : 2012-01-01 |
Genre | : Law |
ISBN | : 0857931342 |
Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet's astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities. Ideal for students and scholars of innovation, technology, cyber law and communication, Transnational Culture in the Internet Age will be a valuable addition to any library.
Author | : Andrew T. Kenyon |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2016-04-21 |
Genre | : Law |
ISBN | : 1316586367 |
Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.
Author | : Symeon C. Symeonides |
Publisher | : BRILL |
Total Pages | : 420 |
Release | : 2021-01-11 |
Genre | : Law |
ISBN | : 9004437649 |
Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.
Author | : Campbell McLachlan |
Publisher | : Oxford University Press |
Total Pages | : 298 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780198259190 |
The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.
Author | : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law |
Publisher | : |
Total Pages | : 240 |
Release | : 2009 |
Genre | : Law |
ISBN | : |
Author | : Russell A. Miller |
Publisher | : BRILL |
Total Pages | : 945 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004165711 |
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.