Injury of the rights of the personality over the internet

Abstract

In the injury to the rights of personality over the Internet there are several rights at issue, some of lesser rank, such as freedom of expression, protection of privacy and access to information. Clearly, the debate is much more complex when occurs the geographical dissociation of the elements of the illegal act and attempting to apply territorial norms to the global reality that posed the Web. The challenge is to solve two key issues: first, which jurisdiction is competent to decide the case; the other, which law is applicable. But the answer to these questions is not always easy. The difficulty of locating a specific unlawful act in the virtual world means that, in the field of extra-contractual obligations, the expectations of the participants are directed to several orders, which determines the classical or traditional approach of loci delicti commissi, it of difficult application. The study begins with an analysis of the legal provisions of international conventions agreed at regional level, examining the Treaties of International Civil Law of Montevideo 1889 and 1940, as well as the Bustamante Code of 1928. This leads us to affirm that the solutions adopted in past centuries can not resolve cases related with Internet- that are valid in the XXI Century. This refers to the European experience in the pursuit of find appropriate points of connection to provide legal security, predictability and confidence to those operating in the system. Finally, it emphasizes the need for an inter-American instrument to regulate extra-contractual obligations, without simultaneously knowing the complexity involved in coding task; it must find common solutions to the systems legal of common law and civil law.