The recent judgment of the Court of Justice of the European Union in Idziski is particularly important for cross-border infringements of personality rights, especially where the disputed content is broadcast on television and also made available online.
The CJEU draws a crucial distinction.
In the case of television broadcasting, the injured party may bring proceedings before the courts of each Member State in which the programme was broadcast and where the alleged damage occurred. However, those courts may award compensation only for the damage suffered within their own territory.
By contrast, in the case of online content, the courts of the Member State where the injured party has their “centre of interests” may, under certain conditions, hear claims relating to the entirety of the alleged damage. A key requirement is that the person or organisation claiming to have been harmed must be directly or indirectly identifiable from the disputed content.
This judgment is significant because it shows how traditional rules on international jurisdiction continue to apply, while also adapting to the realities of the digital age.
Reputation, personality rights and historical memory no longer remain easily confined within national borders. The same applies to the legal consequences arising from their infringement.