Reviewing the Concept of Libel Tourism in Private International Law

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Maghsoody Pashaki Reza; Khosravi Farshid

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Journal Paper

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Journal: Journal of Comparative Law Year:2024 | Volume:11 | Issue:1 Page(s): 155-181

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Information Journal Paper

Title

Reviewing the Concept of Libel Tourism in Private International Law

Author(s)

Maghsoody Pashaki Reza | Khosravi Farshid | Issue Writer Certificate

Keywords

Libel tourism

Forum Shopping

European Union

England

United States

Abstract

The conflict of the material or substantive laws of countries in the realm of civil liability, as well as the conflict of the rules of international jurisdiction (conflict of courts) among different countries, has given rise to a phenomenon known as 'Libel tourism'. It is a form of abuse of the right to choose a court in the field of cross-border slander, whereby the petitioner initiates a lawsuit in the court of the country that expects to achieve the most favorable result. Libel tourism arises from a confluence between two seemingly contradictory values, freedom of expression and respect for rights related to personality and privacy, across different legal systems. Despite significant legal similarities, the laws of England and the United States follow different rules in this regard, leading to a shift in the location of litigation for numerous lawsuits from one country to another. In a defamation lawsuit, which is the primary battleground between privacy and freedom of expression rights, England has been considered the most desirable country by the plaintiffs to file lawsuits, even earning the title of the "libel capital of the world". What condemns this phenomenon is the attempt to exploit the disturbance between the domestic laws of countries to choose the desired court to hear the lawsuit, as well as the application of the favorable substantive law for winning the lawsuit. This study examines the distinction between Libel tourism and Forum Shopping, analyzes the reasons behind the emergence of this phenomenon, and explores strategies to address it in the legal systems of England, the United States, and the European Union, with a comparative look at Iranian law.

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