Conflict Of The Case Of Online Defamation - 1299 Words

CONFLICT OF LAWS IN CASE OF ONLINE DEFAMATION The new age of information has caused scholars to consider the adequacy of traditional jurisdictional regimes where interstate disputes arise. Many scholars argue that traditional choice-of-law doctrines are inadequate to determine which state of law applies in inter-state cyber-disputes. In case of online defamation, considering this crime is not restricted to one particular geographical boundary, it is important to analyze as to which particular law will apply to the case at hand. There appear to be three stages involved: (a) the inquiry whether there is a conflict of policy, (b) the inquiry whether there is a conflict in application, and, (c) if the answer to the previous two questions†¦show more content†¦First, the wrong must be of such a character that it would have been actionable if committed in England [the place of the forum]†¦Secondly, the act must not have been justifiable by the law of the place where it was done. The Conflict of Law Rules under the Common Law system have been codified by way of the Private International Law (Miscellaneous Provisions) Act passed in 1995. This however excludes defamation. Under the tort of defamation if it takes place in England (here in India) then it is stated that law of forum shall be followed as the lex fori and the lex loci deliciti are the same. In case of multi state defamation a fresh tort is committed in each country in which publication occurs. More radically, the concept of the place of the tort could be abandoned altogether and replaced in cases of multi-state defamation by a rule applying one of the following: (i) law of the claimant’s domicil or residence , (ii) the law of the country which with respect to the particular issues has the most significant relationship with the occurrence and with the parties. The latter half of this is followed under the American approach for torts has been summarized under s. 145 of The Restatement (Second) Conflict of laws. This also provides for the most significant relationship rule to apply in case of defamation. Most of the