Derechos de la personalidad y reputación en medios digitales transfronterizos

Abstract

The EU framework regarding access to justice in situations involving the infringement of personality rights in cross-border digital media is addressed in connection with the recent judgments of the Court of Justice in Mittelbayerischer Verlag and Gtflix Tv. As regards international 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 the jurisdiction granted to the courts of the place of the damage is discussed as well as the shortcomings of the view that mere accessibility to the harmful content in the forum country is the sole condition to grant jurisdiction to the courts of the place of the damage in all those situations. Additionally, the interplay between jurisdiction and choice of law rules and the implications for the cross-border recognition of judgments are also covered.