Libel tourism is a relatively new kind of world tourism, yet it is one that in recent years has reached significant proportions. This faq provides a general overview of the basic principles of american defamation law. While specific legal requirements may differ depending on local laws, the common laws of libel generally only require the claimant to prove that a statement was made by the defendant, and that it was defamatory a. Libel libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupatio. World map of libel tourism and defamation law in israel by. The charade of traditionbased substantive due process, by john c. It particularly refers to the practice of pursuing a case in england and wales, in preference to other jurisdictions, such as the united states, which provide more extensive defenses for those accused of making derogatory statements a critic of english defamation law, journalist geoffrey. The act prohibits us courts from enforcing foreign defamation judgments unless 1 the judgment would satisfy first amendment or similar state constitutional protections, and 2 the foreign court making the ruling had jurisdiction that comports with our due process requirements. Californias libel tourism act can stop this invasive silencing of free speech and restore our liberty. Us law to counter libel tourism in british courts the us has passed a bill to protect american writers and authors from libel tourism in british courts by decreeing that foreign libel. New yorks libel tourism terrorism act in response to the increasing pressures on free speech, the new york state legislature advanced the libel tourism terrorism act, which governor david paterson signed into law on april 30. Libel tourism forum shopping for laws and courts that are particularly plaintifffriendlyhas emerged as a serious transnational threat to free speech.
With laws stacked overwhelmingly in favour of the claimant, the uk has become the jurisdiction of choice for anyone wishing to silence or suppress a. The senate passed the bill, and i urge californias assembly to pass the anti libel tourism act without delay, and governor arnold schwarzenegger to sign it into law. Here is a brief overview of uk vs usa defamation laws. Given the dramatic chilling effect of such libel laws and the prominence of british courts in this phenomenon, freedom house and article 19. Oct 15, 20 libel tourism at an end, say lawyers following high court rulings judgments throwing out cases by pavel karpov and stanko subotic will make it harder for foreign claimants to sue. But restoring a clients reputation does not necessarily imply court action. Blog posts when must an anti slapp motion be heard. Dec 31, 20 libel tourism and trivial claims should be significantly curtailed under a new law enshrining freedom of expression that comes into effect on wednesday, the government has said. The california antilibel tourism act adam cate code sections affected.
New rules to discourage libel tourism in britain telegraph. World map of libel tourism and defamation law in israel. Michelle feldman, putting the brakes on libel tourism. How terrorism is financed and how to stop it, is director of american center for democracy. Is this the end for britain as a centre for libel tourism. Libel, slander, defamation communication law and ethics. The defamation act 20 c 26 is an act of the parliament of the united kingdom, which reformed english defamation law on issues of the right to freedom of expression and the protection of reputation. Libel law in england and wales was reformed by the defamation act 20.
The law and economics of pirate tolerance, by peter t. Request pdf world map of libel tourism and defamation law in israel libel tourism is a relatively new kind of world tourism, yet it is one that in recent years has reached significant. A pair of high court rulings may sound the death knell for foreigners looking to make the most of the english legal systems tough libel laws. Many citizens do not hold mass media in high regard.
Libel is an occupational hazard for media professionals. People who felt they had been libeled world bring suit in england against an american author. Ex amining the effects test as a basis for personal jurisdiction under new yorks libel. As we mentioned in that post, thankfully, the us recently passed an important and broad anti libel tourism law that protects us websites against overreaching foreign libel claims that go against. The law allows state courts to assert authority over foreign citizens based solely on a libel judgment they have obtained abroad against a new yorker. Michael booth, libel tourism bill passed by senate committee, n. Libel tourism and trivial claims should be significantly curtailed under a new law enshrining freedom of expression that comes into effect on wednesday, the government has said.
Court of appeals acknowledged the problem of libel tourism but stated that the arguments regarding the enlargement of cplr 302a1 to confer jurisdiction upon libel tourists must be directed to the legislature. Constitution was designed to protect freedom of the press, for most of the history of the united states, the u. President obama signed hr 2765, the speech act, into law, codified at 28 usc secs. Those who seek tourist maps that mark the attractive sites to be visited by libel tourists are potential plaintiffs seeking to protect their good name, which has been besmirched by a libelous publication of the defendants. The technique is particularly favored by those who are linked to terrorist groups and government corruption. Defamation act 20 parliament of the united kingdom long. Libel tourism threatens to internationalize the law of libel, subjecting every writer around the globe to. A quick guide to libel law freedom forum institute. Libel tourism definition, the act of suing a writer for alleged defamation in a foreign jurisdiction where there are weak libel laws. Among its provisions, the legislation stipulates that foreign libel judgments are unenforceable in. Uk defamation act aims to end trivial claims and libel tourism. Defamation is a common law tort, governed by state law, in which an. In the past, a plaintiff would therefore bring a claim for defamation in the uk, where defamation law is plaintifffriendly, and would then have the judgment of the court there enforced by a court in the united states. Libel tourisms final boarding call seton hall university.
Law against libel tourism passes us senate committee us. The senate has now passed an anti libel tourism bill, which would prevent the us courts from enforcing foreign judgments in libel cases that seem to go against the us first amendment. Your local law library can also help you find cases that clarify the law of slander and libel. Instead of suing american members of the media in the united states, wealthy litigants increasingly file suit in claimantfriendly.
In the common laws of libel, it is frequently said that the burden of proof in english defamation law falls upon the defendant. How libel tourism works in the past, a plaintiff would therefore bring a claim for defamation in the uk, where defamation law is plaintifffriendly, and would then have the judgment of the court there enforced by a court in the united states. Libel tourism law silences foreign courts william c. Background the claimant, mr nandi ahuja, is a businessman who has been resident in london since 1995 and who has both indian and serbian citizenship. This article considers the problem of libel tourism forum shopping in transnational libel cases from the point of view of english and eu law both relevant in certain situations. If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be. This is the first decision on the libel tourism provision in section 9 of the defamation act 20. Libel tourism and conflict of laws lse research online. Anti libel tourism laws page 44 asset protection basics page 29 ethics opinion no. Information on statutes that can provide quick dismissal of lawsuits infringing on free speech. An anti libel tourism law should not apply, however, to all foreign libel judgments against american authors. Brown, libel tourism threatens free speech, wall st.
On april 28, 2008, new york governor david paterson signed into law the libel terrorism protection act, the nations first legislative attempt at protecting american authors and publishers from a recent explosion of forumshopping, aptly called libel tourism. Ever since the attacks on america of september 11, 2001, foreign libel laws have become a potent weapon used by the forces of tyranny who seek to undermine our freedom. Libel tourism is a term, first coined by geoffrey robertson, to describe forum shopping for libel suits. A federal law to protect americans free speech is a legacy mahfouz never intended.
Jun 08, 2009 in addition to new yorks law, anti libel tourism laws have already passed unanimously in illinois and florida, and are pending before the legislatures in california, new jersey and hawaii. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Libel tourism threatens to internationalize the law of libel, subjecting every writer around the globe to the restrictions of the most proplaintiff. Senate senate passed the bipartisan hr 2765 as amended by the leahysessions speech act by unanimous consent. A pair of high court rulings may sound the death knell for foreigners looking to make the most of the english legal systems tough libel laws leo benedictus tue 15 oct 20. He has indefinite leave to remain in the uk which he regards as his home, although he also owns. New york state, florida and illinois have already passed anti libel tourism laws, and another was just passed unanimously by the california legislature. Resources about the developing field of dronesuavs and drone journalism. Trevor c hartley libel tourism and conflict of laws. The problem of transnational libel university of miami law.
Cybercrime and anti terrorism laws passed throughout the world have led to bloggers appearing before courts. Chapman university school of law friday, january 29, 2010, 9. Spoiling the holiday and saving the first amendment. Some states even have criminal penalties for libel, meaning that under certain circumstances, you can get arrested for libel instead of just sued. The federal response to libel tourism congressional research service 1 background libel tourism 1 describes the act of bringing a defamation2 suit in a country with plaintiff friendly libel laws, even though the parties might have had relatively few contacts with the. Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in canada. Early last year, new york state passed the nations first anti libel tourism law. The statutes passage was prompted by libel tourism s most frequent flier, saudi bigwig khalid bin mahfouz. New antilibel tourism act hr 2765 extends 47 usc 230 to. If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined.
The origins of the united states defamation laws predate the american revolution. As with most commonwealth jurisdictions, canada follows english law on defamation issues except in the province of quebec where private law is derived from french civil law. Introduction nebraska libel law derives from court cases decided in this state and in the united states supreme court, from statutes found at nebraska revised statutes sections 25208, 25 839, 25840 and 25840. Libel law protects the reputational interests of individuals because it involves the expression of opinions about them by others. The death of the grownup diana west home if a libel.
Libel tourism allows those who believe they were defamed in magazines, newspapers, books, and the like. Libel tourism takes advantage of the differences in defamation laws between various countries. The short answer is that british courts currently provide a far more plaintifffriendly forum for claims of defamation, or libel in its written form, than courts in the u. Slander is a spoken defamation while libel is written or.
Libel tourism law silences foreign courts appeared in the march 27, 2009 issue of the lawyers weekly. Pdf world map of libel tourism and defamation law in. Speech act protects against libel tourism the reporters. Transnational libel cases decried by critics as libel tourism have been much in the news since american author rachel ehrenfeld was successfully sued for libel in london under english law by saudi. Jurors are more likely to be swayed by tangible damage to a persons reputation than abstract first amendment principles. Libel reform campaign response to the defamation bill. Seventy percent of all libel actions are filed against the mass media.
Grossman libel tourism is the exploitation of foreign countries permissive libel laws and weak speech protections to circumvent american authors first amendment rights. C h a p m a n u n i v e r s i t y s c h o o l o f l a w one university drive orange, ca 92866 714 6282500 chapman university school of law. It also comprised a response to perceptions that the law as it stood was giving rise to libel tourism and other inappropriate claims. The possibility of a libel suit is one of the most significant dangers in the media professions and for citizenpublishers. If the defendant can show that the allegedly the words slander and libel are frequently confused and used incorrectly. It particularly refers to the practice of pursuing a case in england and wales, in preference to other jurisdictions, such as the united states, which provide more extensive defenses for those accused of making derogatory statements.
American writers and publishers are protected clarification needed from foreign libel judgments not compliant with the us first amendment, or libel tourism, by the speech act, which was passed by the 111th united states congress and signed into law by president barack obama in 2010. British libel law, for example, presumes a statement is false and places the burden of proving truth on the defendant. Jul 14, 2010 many places, including britain, currently have stricter libel laws than the us, leading to libel tourism, where plaintiffs search for a jurisdiction most likely to be sympathetic to their case. You can be fined, bankrupted and jailed for telling the truth about a guilty vip. Jan 27, 2010 this article considers the problem of libel tourism forum shopping in transnational libel cases from the point of view of english and eu law both relevant in certain situations. While the basics of libel law are the same in every state, the details, like how much time you have to file a libel lawsuit, or what you have to do to prove your reputation has been damaged, can vary.