Libel and Jurisdiction
An article in the NY Times today on the tricky point of "if someone is going to sue you for libel, where do they sue you". Google, among others, is joining with The Post to fight the case. The case has substantial implications for bloggers and online publications..
The story is all to do with a Canadian citizen who lost his job with the UN in New York, because of an article in the Washington Post. The resulting libel case is being heard in Canada, not USA.
Quote:
"Your reputation, and any damage to your reputation, is most closely felt where you reside." she [the plaintiff's lawyer]said. Paul Schabas, who is representing The Post, said that the case should be heard either in Washington or in New York, the home of the United Nations. Last year, however, a judge in Ontario Superior Court in Toronto sided with Mr. Bangoura. Last week, both sides were in appeals court arguing about that decision.
Quote:
Joining The Post is an informal consortium of 51 news organizations, including The New York Times Company, Google, CNN, Canada's leading newspaper publishers and the government-owned Canadian Broadcasting Corporation. Kurt Wimmer, a Washington lawyer representing the coalition, said that allowing libel actions outside of a publication's home country could lead to an impossible situation.
- Y! MyWeb