Study On Issues Of Jurisdiction And Choice Of Law In Internet Defamation

The development of Internet technology creates more opportunities for areas in private international law but also to bring it many challenges. Owing to the global network of space, the non-centralized management, information sharing and instant and the multilateral and parties' identity of the hidden characteristics, once the abuse of network resources will enable internet defamation prevalent and result in a lot of transnational internet defamation cases. To determine which countries have jurisdiction is the first to decide in Internet libel proceedings. After determining the jurisdiction, the judge accords a certain way of choice of law to find an appropriate application law for the case. The judges of varied states who have decided the internet libel cases have actively explored in both practice and theory. In practice, they still apply the traditional legal statues of jurisdiction and choice of law of international defamation tort. However, they have considered improving the traditional rules, according to the characteristics of the network space. The present writer also supports this practice and puts forward a model rule of jurisdiction and choice of law in internet defamation after checking in the practices of States.This thesis is divided into five chapters. The final conclusion of its own is only part of the re-general. The focus of the thesis is the Chapter 5.Chapter 1 is the basic introduction of the Internet. It includes the definition of Internet, network space and characteristics of network space and the several important concepts related to network space.Chapter 2 is an overview of Internet defamation. After the introduction of the basic issues of defamation, it mainly focuses on the impact of the rules of law of defamation which is suffered by internet, libel network characteristics and the value of the conflict caused by internet defamation.Chapter 3 and Chapter 4 first introduce the impact and influence to the traditional rules of jurisdiction and choice of law of international defamation, and then they inspect the practice of the relevant legislative and theory of States and the countries.Chapter 5, on the basis of the inspection and preliminary summary related to the national legislature and the theoretical study in chapters 3 and 4, puts forward and explains the model rules of jurisdiction and choice of law of internet defamation.The conclusion reaffirms the importance to design appropriately the rules of jurisdiction and choice of law of internet defamation and support certainly the model rules put forward in chapter 5.