Global speech regulation: extraterritoriality in the context of internet content blocking, removal, de-listing, and must carry orders

This chapter addresses extraterritoriality in the context of Internet content blocking, removal, de-listing, and must carry orders. It describes a string of recent significant cases decided by the Court of Justice of the European Union, as well as a selection of key decisions from around the world, in particular Canada and Australia. The chapter discusses the significant role played by Internet intermediaries and explores the concept of extraterritoriality as relevant for this context. Further, the mentioned types of content orders are contrasted with so-called ‘notice-and-action mechanisms’. Finally, the chapter examines how court orders with an ‘extraterritorial’ scope of jurisdiction may undermine the proper functioning of private international law as a system and the future harms that may flow from this, and a potential framework for scope of jurisdiction matters is presented.