Thursday, July 29, 2010

US Law to Counter 'Libel Tourism' in British Courts

THE TELEGRAPH: The US has passed a bill to protect American writers and authors from "libel tourism" in British courts by decreeing that foreign libel judgments are not enforceable in the United States.

The move came after years of bewilderment with what are regarded as draconian UK libel laws that saw a string of cases being heard which would never have been brought in the US.

Many involved celebrities or foreigners suing American publications and books whose content was viewed by a relatively small number of people in Britain.

Supporters of the Securing the Protection of our Enduring and Established Constitutional Heritage (Speech) Act said "libel tourism", in which plaintiffs shopped around for countries with tough libel laws, undermined the cherished first amendment of the US constitution that guarantees free speech rights.

The legislation will prevent US federal courts from recognising or enforcing a foreign judgment for defamation that is inconsistent with the first amendment and will bar foreign parties from targeting the American assets of an American author, journalist, or publisher as part of any damages.

Campaigners for more liberal libel law in Britain said they hoped the new law would influence the Government as it prepares a draft reform bill for publication in January.

Padraig Reidy, a spokesman for the Index on Censorship, said: "It's a vindication of our argument that English libel laws in their current state do not encourage or protect free expression. The fact that Britain's best ally feels the need to protect itself from the English libel courts demonstrates the need for reform." >>> Alex Spillius in Washington | Wednesday, July 28, 2010