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    Tuesday 16 September 2008

    Libel-tourism: impending collapse of another operation?

    There was a very interesting opinion piece published on the NY Times site on Sunday reflecting on the libel-tourism phenomenon which sees US-based celebrities and others sue in UK/Irish courts for purported defamation only 'incidentally' perpetrated here. The Independent had a piece on the phenomemon last month.

    The gander has been gotten up in the US, and was reflected in the UN Human Rights Committee statement published a few weeks ago. Following the Rachel Ehrenfeld case, the NY State legislature was looking to introduce a blocking statute. It seems that there is now a federal bill as well that may be passed before the end of next month.


    Andrew Scott said...

    Here is a link to the amendment ('to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments') introduced in the House of Representatives in May 2008 to prevent enforcement of foreign judgments: HR 6146
    a proposal introduced in the House of Representatives (Free Speech Protection Act 2008 - HR5814) and latterly in the Senate (S2977) to create a cause of action for US citizens to counter-sue where US defamation law would not have afforded the complainant a remedy, perhaps even to the tune of treble damages.

    Andrew Scott said...

    And here is further information and commentary from the blogosphere and MSM (on this and the related NY State legislation):

    - EGCTIANA Blog
    - American Center for Democracy (includes much material on the federal measures and the NY State Libel Terrorism Protection Act)
    - Law Society Gazette
    - First Amendment Center

    Anonymous said...

    Note: the American Center for Democracy is headed by Rachel Ehrenfeld.