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- Title
Protection of Reputation, Good Name and Personality Rights in Cross-Border Digital Media.
- Authors
Asensio, Pedro De Miguel
- Abstract
Following the recent judgments of the Court of Justice in Mittelbayerischer Verlag and Gtflix tv , this paper analyses the European Union framework in relation to the enforcement of rights relating to personality, including those of legal persons, against harmful content posted online. As regards jurisdiction, special attention is given to the scope of the centre of interest of the victim as ground for jurisdiction. Furthermore, the fragmentation that results from attributing jurisdiction to the courts of the place(s) where the damage occurs under the so-called mosaic approach is discussed. Particular attention is devoted to the difficulties that arise in relation to the broad understanding by the Court of Justice of the place where the damage occurs as the connecting factor and its position regarding the mere accessibility of online content as the decisive element for determining jurisdiction. Additionally, the interplay between jurisdiction and choice of law and its implications on the territorial scope of orders and the cross-border recognition of judgments are considered.
- Subjects
EUROPEAN Union; RIGHT of publicity; DIGITAL media; NAMING rights; REPUTATION; LEGAL judgments
- Publication
GRUR International: Journal of European & International IP Law, 2022, Vol 71, Issue 11, p1019
- ISSN
2632-8550
- Publication type
Article
- DOI
10.1093/grurint/ikac090