4. Criminal and Civil Liability

a. Jurisdiction in legal cases relating to Internet content should be restricted to States to which those cases have a real and substantial connection, normally because the author is established there, the content is uploaded there and/or the content is specifically directed at that State. Private parties should only be able to bring a case in a given jurisdiction where they can establish that they have suffered substantial harm in that jurisdiction (rule against ‘libel tourism’).

b. Standards of liability, including defences in civil cases, should take into account the overall public interest in protecting both the expression and the forum in which it is made (i.e. the need to preserve the ‘public square’ aspect of the Internet).

c. For content that was uploaded in substantially the same form and at the same place, limitation periods for bringing legal cases should start to run from the first time the content was uploaded and only one action for damages should be allowed to be brought in respect of that content, where appropriate by allowing for damages.

Immediately related elementsHow this works
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London Conference on Cyberspace »London Conference on Cyberspace
Thematic debates »Thematic debates
Safe and reliable access »Safe and reliable access
Freedom of expression »Freedom of expression
Joint Declaration on Freedom of Expression and the Internet  »Joint Declaration on Freedom of Expression and the Internet
4. Criminal and Civil Liability
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