تنازع القوانين في انتهاكات حقوق الشخصية عبر وسائل الإعلام : دراسة تحليلية مقارنة

الملخص EN

The infringement of personality rights cross-media in most cases raise the problem concerning conflict of laws, because the publishing cross-media passing international boundaries due to technical progress in this area.

for example, publication of an article which includes a defamation to the reputation of a person cross-Internet occurs the damage in a large number of countries.

In the same time, the traditional conflicts rule is unable to determine the applicable law due to reasons concerning with the traditional conflict rule itself and another relating to the sensitivity of the relationship between personality rights and the right to freedom of expression and the media.

therefore, some laws tended into drafting a private conflict rule in this regard such as Swiss law, this rule usually provides the application of the law of the state in which the injured party has his place of habitual residence if the tortfeasor should have foreseen that the effects would occur in that state, the law of the state in which the tortfeasor has his place of business or place of habitual residence, or the law of the state in which the effects of the infringement have occurred if the tortfeasor should have foreseen that the effects would occur in that state.