http://ow.ly/79pJV
An article on the out-law.com website of the firm Pinsent Masons (no author credit provided for the author).
This article discusses a European Justice Court ruling which held that individuals can sue for damages against an internet publisher in each country where they deem a violation has occurred.
The particular matter in question involved two joined cases, one in France and the other in Germany. The article states, "The ECJ said that the subjects of stories could sue publishers either in the countries in which their image had been damaged or in the country where the person's "centre of interests" is based. In each case the courts would have to apply no stricter laws than would have applied in the publisher's home courts, it said."
The article further points out, "Under the EU's Brussels Regulations publishers can only generally be sued in the courts of the country in which they are based, regardless of nationality, apart from in certain circumstances. Those circumstances include "in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur".
The ECJ said that the Regulations, together with previous case law, should be interpreted as allowing individuals the right to sue for harm to their image over online content in a centralised lawsuit in a country that is not their own because publishers should "reasonably forsee" that that country is where the "centre of [the individuals'] interests" are. Individuals should also have the option to sue in separate countries where they believe the allegedly infringing material was accessible, it said."
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