Tuesday, April 1, 2014
Francois Delerue, European University Institute, has published The French Twitter Case: A Difficult Equilibrium between Freedom of Expression and its Limits at 10 Digital Evidence and Electronic Signature Law Review 193. Here is the abstract.
The French Twitter case (Tribunal de Grande Instance de Paris, Ordonnance de référé, 24 janv. 2013, n° 13/50262, n° 13/50276, UEJF et a. c/ Twitter Inc. et Sté Twitter France and Cour d’Appel de Paris, 12 June 2013, Twitter Inc. et Twitter France c/ UEJF et a.) shows the difficulties experienced by courts, national authorities and companies, in relation to an international activity, and to find an equilibrium between freedom of expression and its limits, notably in the respect of public order. Moreover, it also shows that in a significant number of cases on the Internet, the application of the French law depends on the goodwill of the companies or the authorities of a foreign state.
The full text is not available from SSRN.