Global or Local? Freedom of Speech and Some Extraterritorial Court Decisions on the Internet

The Internet’s cross-border relationships and de-territoriality exacerbate problems relating to the choice of jurisdiction, the determination of applicable law and the scope of judicial decisions. This paper seeks to address the latter issue. Taking into account the global dimension of the problem addressed, a sample of judicial decisions from different continents was selected for the study. Emphasis is placed on how these judgments operate as "inspiration" and catalysts for other courts, thereby constituting the main problem examined in the article: the latent danger of a "race to the bottom". If national courts continue to indiscriminately issue orders that result in the worldwide removal of content, the law of free speech on the Internet will be that of the state with the lowest standard. The article advocates restraint and caution in decision-making and proposes some basic guidelines and principles that courts should follow, emphasizing "comity" and other basic principles of public and private international law