What I’m confused about is in which country does she have the opportunity to bring any kind of legal action. For example, If she’s not a British citizen how can she sue Rowling in the British courts? If she were to sue in her home country, how can she sue a foreigner who slandered her from within a different country?
The rules in each country are different but as a general matter she’d be entitled to sue where she lived, where the defendants lived, or where the activities were directed. You don’t have to be a citizen to sue in a country’s court. So for Rowling she could be sued in the UK, in Algeria, and probably in France too.
Correct me if I’m wrong but I think she could file in multiple courts/countries depending on where the “publisher” of the disinformation is from.
So like how Johnny Depp sued the newspapers in the UK, and Amber Heard in the US based on which of them he was suing.
So to go after JK she may have to file in British court.
It’ll be interesting from a legal POV to see how the case develops, for example Musk will likely say that as a US citizen and company he is protected by US First Amendment - BUT that wouldn’t extend to his companies activities in the EU, meaning that he has to conform to EU law for Twitter to operate over there and if he is found to be in violation [which he certainly is] then the EU have a good legal basis to shut down Twitter in EU territory.
The First Amendment isn’t a defense to defamation anyway. Even under US law he’d be liable if he made a defamatory statement with reckless disregard for its truth.
I said this yesterday:
What I’m confused about is in which country does she have the opportunity to bring any kind of legal action. For example, If she’s not a British citizen how can she sue Rowling in the British courts? If she were to sue in her home country, how can she sue a foreigner who slandered her from within a different country?
The rules in each country are different but as a general matter she’d be entitled to sue where she lived, where the defendants lived, or where the activities were directed. You don’t have to be a citizen to sue in a country’s court. So for Rowling she could be sued in the UK, in Algeria, and probably in France too.
Correct me if I’m wrong but I think she could file in multiple courts/countries depending on where the “publisher” of the disinformation is from.
So like how Johnny Depp sued the newspapers in the UK, and Amber Heard in the US based on which of them he was suing.
So to go after JK she may have to file in British court.
It’ll be interesting from a legal POV to see how the case develops, for example Musk will likely say that as a US citizen and company he is protected by US First Amendment - BUT that wouldn’t extend to his companies activities in the EU, meaning that he has to conform to EU law for Twitter to operate over there and if he is found to be in violation [which he certainly is] then the EU have a good legal basis to shut down Twitter in EU territory.
The First Amendment isn’t a defense to defamation anyway. Even under US law he’d be liable if he made a defamatory statement with reckless disregard for its truth.