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32 Santa Clara High Tech. L. J. 171 (2015-2016)
Can Digital Speech Loosen the Gordian Knot of Reputation Law?

handle is hein.journals/sccj32 and id is 183 raw text is: CAN DIGITAL SPEECH LOOSEN THE GORDIAN KNOT OF REPUTATION LAW? Elizabeth A. Kirleyt This paper likens the current state of reputation law to a Gordian knot, entangled in complexities and calling for novel thinking to make it relevant to our public and private lives. Its central thesis is that digital speech is ontologically different from offline speech and so calls for a more informed response to the harms it can inflict in order to determine whether legal or extra-legal mechanisms are most restorative. In spite of a wealth of international norms that address the value of personal reputation, they have had minimal influences on regional and domestic laws of the European Union and the United States, reflecting the deeply rooted cultural differences on each side of the Atlantic that shape laws of privacy and free speech. In conclusion, implications for future methods of addressing online reputational harm outside of traditional legal systems are discussed TABLE OF CONTENTS INTRO D UCTION ................................................................................. 172 I. INTERNATIONAL & DOMESTIC REPUTATION LAWS ..................... 174 A. Conventions & Declarations ............................................ 174 1. U D H R & ICCPR ....................................................... 174 2. International Convention on Migrant Workers & Convention on the Rights of the Child ..................... 178 B. Regional Responses to Reputation Law .......................... 179 1. European Convention on Human Rights (ECHR) .... 179 2. American Convention on Human Rights .................. 181 Ph.D. 2015, LL.M. 2006, Osgoode Hall Law School, York University in Toronto; JD University of Western Ontario; Associate Professor, Faculty of Business and Law, Deakin University in Melbourne AU. This paper was facilitated by a postdoctoral fellowship at the Nathanson Centre for Transnational Human Rights, Crime and Security at Osgoode Hall Law School. The author thanks Dr. Margaret Beare in addition to the editorial staff of this publication, with special thanks to Sara Townsend, as well as helpful commentators at the British & Irish Law, Education & Technology Association Annual Conference, Hertfordshire University, Hatfield UK, April 2016.

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