defamation
Is there a viable cause of action for exposing someone of academic misconduct?
<p>Is there a viable cause of action for exposing someone's academic misconduct from a country different than the one the exposed person lives and works.</p>
<p>For instance if you live in a European country, the exposed person also lives in a different European country and the site that exposes him is based in America such as this case:<a href="https://rwincblog9.wordpress.com/2023/06/15/11/" rel="nofollow noreferrer">https://rwincblog9.wordpress.com/2023/06/15/11/</a>, are the elements of defamation made out?</p>

<p>If A defames B, the fact that the parties live and work in different countries is not a bar to a defamation lawsuit. This is not changed when  platform C is headquartered in a third country. A choice of law question does arise, which is important because B can always sue A, but they might have a legally-better outcome if they sue in the defendant's jurisdiction (plaintiff-friendly rules) yet they might be concerned over the &quot;home courts advantage&quot;. The EU has <a href="https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32007R0864" rel="nofollow noreferrer">a rule</a> applying &quot;to non-contractual obligations in civil and commercial matters&quot; which expressly excludes &quot;non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation&quot; (there is no uniform EU answer). <a href="https://tlblog.org/multistate-defamation-cross-border-torts-and-choice-of-law/" rel="nofollow noreferrer">This article</a> touches on such considerations in transnational defamation.</p>
<p>Whether or not some specific content rises to the level of defamation depends on the actual facts (was there plagiarism, which is not a legally-defined category unlike copyright infringement), and the choice of law.</p>
