Geoblocarea, sabia cu două tăișuri – o analiză a normelor de competență internațională în materie de încălcări ale drepturilor nepatrimoniale ale personalității săvârșite în mediul online
Geo-Blocking, the Double-Edged Sword – Analysis of the International Jurisdiction Rules in Matters Related to Personality Rights Infringements Committed through Online Means

Summary/Abstract: In the contemporary digital era, in which virtual borders are becoming more and more fluid, defamation committed through online means has become a delicate problem, with implications of the most serious type. In this context, both authors of defamatory content and those being threatened with lawsuits due to the risky disclosures they make, often navigate among the digital shadows in order to protect themselves from various legal consequences. Geo-blocking in the space of the European Union involves restricting users from certain Member States from accessing digital content, based on their geographical location, from blocking website interfaces. Hence, personality rights infringements can be committed through online means without the subject of those having access to the defamatory content. In these conditions, we must keep in mind the provisions of the Brussels I bis Regulation, which includes a series of special rules applicable in matters related to tort which have been further developed in the case-law of the Court of Justice of the European Union. This study aims to put forth an analysis of the international jurisdiction rules in their configuration offered by the advocates of geo-blocking practices, as well as a series of proposals regarding the future development of those rules, which must take into account both edges of the phenomenon.

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