Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-05-10-Speech-4-396-000"
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"en.20120510.69.4-396-000"2
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"This report proposes an amendment to the regulation governing the law applicable to non-contractual obligations (Rome II). It basically seeks to clarify which legislation is applicable to cases of breaches of rights relating to personality through online content or printed material, where the person who believes his or her rights have been infringed has the option of bringing an action for liability.
The issue claimed to justify this need is the ease with which a claimant can currently elect to bring an action for defamation in the jurisdiction considered most likely to produce a favourable result, known as ‘libel tourism’. This amendment sets out clearer rules, for example, that the applicable law shall be the law of the country in which the most significant element of the loss or damage occurred, and, in the case of printed matter, shall be deemed to be the law of the country to which the publication is principally directed. The inalienable and non-transmissible right of all individuals to control the use of their body, name, image and privacy, etc. should be protected and safeguarded.
It should be mentioned that this amendment also includes a recital stating that ‘This regulation does not prevent Member States from applying their constitutional rules relating to freedom of the press’ ..."@en1
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