Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.793868
Title: Does cyberspace outdate jurisdictional defamation laws?
Author: Usman, Muhammad
ISNI:       0000 0000 4126 3940
Awarding Body: University of Bradford
Current Institution: University of Bradford
Date of Award: 2019
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Abstract:
Cyberspace produces friction when the law is implemented by domestic courts using 'state-laws'. These laws are based on a 'physical presence' of an individual within the territory. It elevates conflicts relating to cyberspace jurisdiction. This research examines private international law complications associated with cyberspace. The paradigm of libel that takes place within the domain of social media is used to evaluate the utility of traditional laws. This research is conducted using 'black-letter' methodology, keeping in mind the changes constituted by the Defamation Act 2013. It pinpoints that the instantaneous nature of social media communication demands an unambiguous exercise of 'personal-jurisdiction', beyond the doctrine of territoriality. An innovation to the code of Civil Procedure is recommended to revise the process of service for non-EU defendants. The permission to serve a writ via social networks (or to the relevant Embassy of the defendant's domicile state), can accelerate the traditional judicial process. This thesis can be utilised as a roadmap by libel victims for preliminary information. It contributes to the knowledge by discovering that the thresholds under Section 1 and Section 9 of the Defamation Act 2013 overlap with the conventional 'forum-conveniens' tests. This crossover is causing legal uncertainty in the application of existing rules to the digital libel proceedings. Section 1 and Section 9 thresholds do not fulfil the purpose of eliminating 'libel-tourism' and maintaining a balance between speech freedom and reputation rights. They raised the bar for potential victims and restricted their rights to justice. It is proposed that the traditional 'conveniens test' must be used for social media libel victims to produce legal certainty in cyberspace defamation.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.793868  DOI: Not available
Keywords: Cyberspace regulation ; Internet jurisdiction ; Choice of law ; Defamation in social media ; Libel ; Private international law ; Foreign defendant ; Civil procedure rules ; The Defamation Act 2013
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