In the following essay, I will discuss the issue of multiple locations of torts in cases of press torts and the theories to solve this problem. I will do so in first explaining what torts, especially press torts are. Afterwards, I will continue with the problems which arise out of this special kind of tort and lead it to a solution. In the end, I will present a little case in order to apply the fore mentioned issues to it. This shall make the facts clearer. II. Main Part 1. What are press torts? A tort in general is a civil wrong not arising out of a contract or statute which came about when one of a person’s legal assets is injured by another person1. This injury gives the injured person the right to sue the wrongdoer for damages2. With regard to press torts the injury must be brought about with the help of a written and printed device such as a newspaper, a magazine or a book. These press releases are able to violate a person’s personal rights3. This happens, for example, if a picture is published without the consent of the depicted person or a violation of a person’s honour takes place. First of all, it is questionable which conflict norms should be applied with regard to these torts. Both the Brussels Regulations4 and the Introductory Act of the German Civil Code (IACC) come into consideration.
Table of Contents
I. Introduction
II. Main Part
1. What are press torts
2. Jurisdiction of Courts
3. Applicable Law
4. How to deal with multiple locations of torts
a) “Extended Favour Principle
b) “Principle of Habitual Residence
c) “Mosaic Principle
d) Statement
5. Case Study
a) Applicability of the Brussels Regulations
b) Points of Attachment
c) Jurisdiction and Applicable Law
III. Conclusion
Research Objective and Scope
This paper examines the legal challenges posed by press torts in international private law, specifically focusing on the complexities arising when a harmful publication results in injury across multiple jurisdictions. The primary research question addresses how jurisdiction and applicable law are determined in such cross-border scenarios, evaluating theoretical solutions to balance the interests of the injured party and the freedom of the press.
- Definition and classification of press torts.
- Analysis of jurisdictional rules under the Brussels Regulations.
- Evaluation of conflict of law theories: Extended Favour Principle, Principle of Habitual Residence, and the Mosaic Principle.
- Practical application through a hypothetical case study involving international press distribution.
Excerpt from the Book
c) “Mosaic Principle”
The prevailing view supports the “Mosaic Principle”. According to this theory, the courts at the place of injury have jurisdiction only to the extent to which the plaintiff’s personal right has been injured in this specific state. Furthermore, the law of this state is only applicable to this extent as well. If a newspaper, magazine or book is distributed in several countries, hence, the entire damage of the plaintiff’s personal right is composed of several national claims (mosaic).
This division of injury is reproached for being unsatisfactory. The theory is further held impractical because it is unclear how the damage in the different states shall be determined. It is hard to imagine how a court shall be able to discover the various damages in several countries and arrange them in a ratio to each other. Theoretically, the press releases´ authors have to abide by every law in every single country the newspaper, magazine or book was distributed to. Out of cultural and legal diversity in the world this is almost impossible. If the wrongdoer is not able to see with which laws he has to comply, the possibility of prevention for the future will unfortunately get lost as well.
Summary of Chapters
I. Introduction: The introduction outlines the scope of the study, defining press torts and establishing the research goal of identifying a consistent approach for multi-state tort claims.
II. Main Part: This section provides a comprehensive analysis of jurisdiction and applicable law, critiques existing theories like the Mosaic Principle, and applies these concepts to a practical celebrity privacy case.
III. Conclusion: The conclusion summarizes the identified problems and advocates for the Mosaic Principle as the most balanced legal solution for cross-border torts.
Keywords
International Private Law, Press Torts, Brussels Regulations, Jurisdiction, Applicable Law, Multiple Locations of Torts, Mosaic Principle, Extended Favour Principle, Habitual Residence, Personal Rights, Tort Liability, Rome II, Forum Shopping, Cross-border distribution.
Frequently Asked Questions
What is the core subject of this paper?
The paper deals with International Private Law concerning "press torts" and the specific legal problems that arise when a single publication causes injury in multiple different countries.
What are the central thematic fields?
The study centers on the intersection of tort law, international jurisdiction, the determination of applicable law, and the protection of personal rights against media infringements.
What is the primary objective of the work?
The goal is to determine which jurisdictional rules and conflict norms should apply when a press tort occurs across borders, aiming for a solution that is fair to both the publisher and the injured party.
Which scientific methodology is utilized?
The author employs a legal-analytical method, examining relevant regulations (Brussels Regulations, Rome II), case law (such as the Shevill-case), and academic theories to evaluate potential solutions.
What topics are discussed in the main section?
The main part covers the definition of press torts, jurisdictional hurdles under the Brussels Regulations, the analysis of the IACC, and a critical comparison of three theories: the Extended Favour Principle, the Principle of Habitual Residence, and the Mosaic Principle.
Which keywords define this work?
Key terms include International Private Law, press torts, jurisdiction, applicable law, the Mosaic Principle, and cross-border liability.
How does the author view the "Extended Favour Principle"?
The author rejects this principle, arguing that it encourages excessive "forum shopping," imposes unfair burdens on press freedom, and allows for arbitrary legal preferences for the plaintiff.
Why is the "Mosaic Principle" ultimately recommended?
Despite acknowledging difficulties in quantifying damage, the author favors the Mosaic Principle because it aligns jurisdiction with the applicable national law and provides the most balanced, uniform solution for international torts.
- Citation du texte
- Dr. Stefanie M. Bausch (Auteur), 2004, Discuss the issue of multiple locations of torts in cases of press torts and the theories to solve this problem, Munich, GRIN Verlag, https://www.grin.com/document/22918
