Abstract:
The rise of cyber-delicts including online defamation, data breaches, identity
theft, cyberstalking, and AI-generated harms challenges traditional Private
International Law (PIL) paradigms rooted in territorial boundaries. These
doctrines, designed for physical wrongful acts, struggle to effectively regulate
digital misconduct characterized by instantaneity, borderlessness, and
anonymity. This study conducts a comparative analysis of jurisdiction and
applicable law in cyber-tort disputes across the United Kingdom, European
Union, United States, South Africa, and Sri Lanka. The UK primarily applies
common law connecting factors alongside its Civil Procedure Rules; the EU
relies on structured frameworks under Brussels I Recast and Rome II; the US
employs constitutional minimum contacts and effects-based tests; South Africa
maintains the lex loci delicti rule; and Sri Lanka, with its hybrid legal system,
currently lacks a coherent conflict-of-laws regime tailored to cyber-torts. Key
challenges identified include defining the “place of harm” in cyberspace,
addressing the multiplicity of publication in online defamation, assessing the
adequacy of traditional territorial tests, and mitigating risks of forum
shopping and jurisdictional overreach. Through doctrinal and comparative
methods, this research critically examines whether existing PIL principles
suffice for digital-era violations or whether new or adapted frameworks are
necessary. It advocates for a recalibrated approach incorporating targeting,
foreseeability, digital presence, and enhanced party autonomy to better
accommodate cyber-delicts. Drawing on comparative insights, the study
proposes a principled model for Sri Lanka that aims to improve predictability,
fairness, and technological adaptability in cross-border cyber-tort litigation.
By bridging classical PIL with contemporary technological challenges, this
research offers a reform-oriented contribution to legal scholarship and
practical guidance for courts and policymakers navigating the complex
landscape of cyber litigation.
