DETERMINING JURISDICTION IN LITIGATION REGARDING COMPENSATION FOR DAMAGES CAUSED VIA THE INTERNET
DETERMINING JURISDICTION IN LITIGATION REGARDING COMPENSATION FOR DAMAGES CAUSED VIA THE INTERNET

Author(s): Anđelija Tasić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Institut za uporedno pravo
Keywords: media litigation; damages; defamation via social networks; special jurisdiction
Summary/Abstract: The expansion of social networks has transitioned many legal institutions from the analogue to the digital realm. The saying "verba volant, scripta manent" is experiencing a renaissance, as the spoken word that tarnishes someone's reputation is now replaced by records that remain permanently or for an extended period. Consequently, the scope of potential damage is more significant. What once could only be heard by those present during an offensive comment's delivery, if even that, can now instantly become ‘viral’, reaching anyone with internet access. This raises the question: how can individuals assert their legal rights and seek compensation for the emotional distress resulting from violations of their honour and reputation? This paper addresses three key areas: 1) the type of procedures through which legal protection is provided, 2) subject-matter jurisdiction, and 3) territorial jurisdiction. The author begins by examining the role of social networks within the context of (social) media, considering whether everything published on these platforms qualifies as information. By distinguishing these concepts, we can open up a discussion on determining jurisdiction, which may influence litigants' decisions when choosing a ‘more favourable’ court. To discuss this effectively, it is essential to clarify the concept of a ‘more favourable court’ and assess its relevance, particularly concerning national courts. Lastly, the author analyses existing case-law, both domestic and international, to highlight examples of effective comparative practices.

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