Comparison between Different Countries

HK
The issue of the most appropriate forum for proceedings in relation to defamatory material on the Internet was also considered in Hong Kong in the case of Investasia v. Kodansha as detailed above. In a lack of detailed rules and regulations in operating the defamation law to the Internet, the ruling of the case and the considerations by the judge provide good guidance for all individuals and online publishers as regards to the forum issue. Like the UK, the fundamental considerations are the place of publication and the existence of reputation. So, if the defamatory material is published and the plaintiff have a reputation in Hong Kong to protect, Hong Kong can be the most appropriate forum for the plaintiff to bring a defamation action.

China
In the Civil Procedure Law of the People's Republic Of China adopted on April 9, 1991 at the Seventh National People's Congress (PRC, 1991), Article 238 in the part four "Special Stipulations for Civil Procedures Involving Foreign Interests" states that if an international treaty concluded or acceded to by the People's Republic of China contains provisions differing from those found in this Law, the provisions of the international treaty shall apply, unless the provisions are the ones on which China has announced reservations.

In Article 239, it states that any civil lawsuits brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant laws of the People's Republic of China and with the international treaties concluded or acceded to by the People's Republic of China.

It is clear that though China shall follow international treaty generally, the Chinese court reserves the final decision on whether the case judgments involving foreign parties are applied to the jurisdiction of China. Those treaties or jurisdictions that the Chinese government does not accede or contravene with China's own policy will not be applied in China. Since the essence and philosophy of Chinese law is very different from many foreign countries such as the U.S. and U.K, it can be anticipated that complications and arguments will occur in some cross-border cases especially those involving controversial and sensitive issues such as human rights or freedom of speech, which are always in relation to defamation cases.