12 German L.J. 1681 (2011)
Towards a European Approach in the Cross-Border Infringement of Personality Rights

handle is hein.journals/germlajo12 and id is 1708 raw text is: Towards a European Approach in the Cross-Border
Infringement of Personality Rights

By Jan-Jaap Kuipers
A. Introduction
Globalization has led to the emergence of broadcasting services and books aimed at a
global audience. Authors of books, journals, and articles have gained readers worldwide.
Due to the Internet, the spreading of ideas on a global level has never been easier. The
other side of the coin is that authors run a risk of being exposed to civil proceedings in
many jurisdictions. What is considered to be proactive journalism, or a provocative
academic comment in some jurisdictions is considered to be libel or defamation in others.1
We speak of libel tourism when defamation proceedings are brought in a forum that has
only vague connections to the case, but happens to be very plaintiff-friendly.2
The freedom of speech and the right to private life are both enshrined in the European
Convention on Human Rights and the Charter on Fundamental Rights of the European
Union.    Although the Member States of the European Union are united by common
principles, they have struck different balances between the competing fundamental rights.
The balancing of those fundamental rights becomes even more sensitive when the
publisher or author and the alleged victim are not domiciled within the same jurisdiction.
The infringement of the right to private life by foreign media becomes an international
horizontal conflict between fundamental rights.
Jan-Jaap Kuipers is an Assistant Professor of European Law at the Radboud Universiteit Nijmegen in the
Netherlands.
I MATTHEW COLLINS, THE LAW OF DEFAMATION AND THE INTERNET (3d. ed. 2011).
2 Avi BELL, LIBEL TOURISM:  INTERNATIONAL FORUM SHOPPING FOR DEFAMATION CLAIMS (2008), available at
http://www.globallawforum.org/UserFiles/puzzle22New(1).pdf (last visited 16 Aug. 2011); Trevor Hartley, Libel
Tourism and Conflict of Laws, 59 INT'L &COMP. L.Q. 25 (2010).
3 The freedom of speech is recognised in Art. 10 of the ECHR, Convention for the Protection of Human Rights and
Fundamental Freedoms art. 10, Nov. 4, 1950, 213 U.N.T.S. 221 [hereinafter ECHR] (also known as European
Convention on Human Rights), and art. 11 of the EU Charter, Charter of Fundamental Rights of the European
Union art. 11, 18 Dec. 2000, 2000 O.J. (C 364) 1, 11 [hereinafter EU Charter]. The right to private life is protected
by art. 8 ECHR and art. 7 EU Charter.

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