Grading AG Szpunar's Opinion in Case C-18/18 – A Caution against Worldwide Content Blocking as Default Cover Image

Grading AG Szpunar's Opinion in Case C-18/18 – A Caution against Worldwide Content Blocking as Default
Grading AG Szpunar's Opinion in Case C-18/18 – A Caution against Worldwide Content Blocking as Default

Author(s): Dan Svantesson
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case
Published by: Masarykova univerzita
Keywords: Content Blocking; EU Law; Internet; Internet Intermediaries; Internet Jurisdiction; Scope of Jurisdiction

Summary/Abstract: On 4th of June 2019, Advocate General Szpunar delivered his Opinion in Case C-18/18 between Eva Glawischnig-Piesczek (an Austrian politician) and Facebook Ireland Limited. The politician had sought to have certain current and future content – argued to be defamatory – blocked by Facebook with worldwide effect. This is arguably the most important Internet speech-related case currently before the Court of Justice of the European Union (CJEU) and will doubtlessly influence court reasoning far beyond Europe. This Comment analyses AG Szpunar’s interesting, but problematic, Opinion with particular emphasis on his reasoning in relation to the question of scope of jurisdiction; that is, what is the appropriate geographical scope of orders in these circumstances, rendered by a court that has personal jurisdiction and subject matter jurisdiction.

  • Issue Year: 13/2019
  • Issue No: 2
  • Page Range: 389-400
  • Page Count: 12
  • Language: English