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A common law position for a choice of law in internet defamation - the case for Hong Kong


Sooksripaisarnkit, P, A common law position for a choice of law in internet defamation - the case for Hong Kong, Journal of International Commercial Law and Technology, 9, (3) pp. 129-137. ISSN 1901-8401 (2014) [Refereed Article]


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Copyright 2014 The Author. Licensed under Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)

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With ever increasing access and use of internet worldwide, torts committed via internet are seen more often while legal positions in common law fail to keep pace with such developments. This can be seen especially in Hong Kong where conflict of law rules are still based on traditional common law authorities. In the event of internet defamation, the courts in Hong Kong necessarily apply the ‘double actionability’ rules such that there would only be a cause of action if such an alleged tort is actionable under both the law of the form (lex fori) and the law of the place where such wrong was committed (lex loci delicti). But, for internet defamation, how can the lex loci delicti be determined? This paper seeks to analyse this problem and proposes a suitable approach in determining the lex loci delicti in the event of internet defamation

Item Details

Item Type:Refereed Article
Keywords:double actionability; lex fori; lex loci delicti
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:Conflict of laws (incl. private international law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legal processes
UTAS Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
ID Code:112518
Year Published:2014
Deposited By:Maritime and Logistics Management
Deposited On:2016-11-15
Last Modified:2019-09-25
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