Protection of reputation, good name and personality rights in cross-border digital media

Abstract

Following the recent judgments of the Court of Justice in Mittelbayerischer Verlag and Gtflix tv, the European Union framework in relation to the enforcement of rights relating to personality, including those of legal persons, against harmful content posted online is analyzed. As regards jurisdiction, special attention is given to the scope of the centre of interest of the victim as ground of jurisdiction. Furthermore, the fragmentation that results from attributing jurisdiction to the courts of the place(s) where the damage occurs under the so-called mosaic approach is discussed. Particular attention is devoted to the difficulties that arise in relation to the broad understanding by the Court of Justice of the place where the damage occurs as connecting factor and its position regarding mere accessibility of online content as decisive element to grant jurisdiction. Additionally, the interplay between jurisdiction and choice of law and its implications on the territorial scope of orders and the cross-border recognition of judgments are considered.