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10 Freedom of Expression and the Right to Respect for Private Life: International Defamation and Invasion of Privacy

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 23 May 2022

Subject(s):
Family law — EU Rules — Traditional rules — Establishing jurisdiction — Judgments and orders

This chapter focuses on the right to freedom of expression and the right to respect for private life. In Europe, national laws protect reputation and privacy—interests that may fall to be protected by the right to respect for private life—in different ways. Reputation is protected by an action for defamation; privacy by an action for invasion of privacy. However, there is also a human right to freedom of expression. Therefore, a balance has to be reached between both the right to private life and the right to freedom of expression. The chapter then looks at the impact of these rights on the private international rules that operate in cases of international defamation and invasion of privacy actions.

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