Karin Calvo-Goller Libel Action
Weiler was a defendant in a criminal libel action brought in the French courts by Dr Karin Calvo-Goller of the Academic Center of Law and Business concerning a review of her book, The Trial Proceedings of the International Criminal Court. ICTY and ICTR Precedents (Martinus Nijhoff, 2006) that appeared on the Global Law Books website that Weiler edits. The review was written by Professor Thomas Weigend of the University of Cologne, and Calvo-Goller contended that it was libelous. Upon complaint by Calvo-Goller, Weiler declined to remove the review from the website and Calvo-Goller subsequently filed suit.
The suit was notable for the issues that it raised concerning the balance between academic freedom and the rights of those who consider themselves to have been libeled.
The case was heard by Tribunal de Grand Instance de Paris on January 20, 2011, with the verdict handed down in Paris on March 3, 2011, dismissing the lawsuit.
In its verdict, the Paris Tribunal said it had no jurisdiction in the case since Calvo-Goller did not bring proof by a court-appointed clerk that the book review website was visible in French territory the day or before the day she brought the case to the dean of the investigating judges in Paris. The Paris Tribunal also declared that the words used by Weigend did not constitute libel and were within the limits of free critical book review speech. The court said his words in the review were measured, and the court therefore dismissed the case. An appeal might be pending. The court stated that Calvo-Goller's bad faith in bringing the action was clearly established, and on that basis she was ordered to pay 8,000 euros (around US$10.000 ) in damages to Dr Weiler. Excerpts from an unofficial translation of the verdict has been posted by Weiler at the EJIL:Talk website.
Excerpts from a Chronicle of Higher Education interview with Calvo-Goller after the verdict dismissing the lawsuit became final were published on March 11, 2011.
Read more about this topic: Joseph H. H. Weiler
Famous quotes containing the words libel and/or action:
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Can read a nod, a shrug, a look,
Far better than a printed book;
Convey a libel in a frown,
And wink a reputation down.”
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