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US House Passes Bill To Curtail Foreign Libel Suits

By Fawn Johnson, Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- A bill to protect bloggers and other writers from foreign defamation judgments sailed through the House Monday on a voice vote.

The legislation is designed to prevent public figures who are named in books, articles, or blogs from suing the American authors in countries like the United Kingdom that have less stringent libel laws than the United States.

"Libel tourism" is a relatively recent phenomenon that uses defamation laws in foreign countries to bring lawsuits against American journalists, authors, and publishers, according to bill sponsor Rep. Steve Cohen, D-Tenn.

Some countries don't require public figures to prove that published material about them is substantially false, as U.S. courts do. Instead, the writers of the content are required to prove that their facts are true. As a result, courts in London may view a libel case differently than it would be viewed in the U.S.

In a communications era where online material can be viewed all over the world, the bill's supporters say it becomes easier for people who don't like what is written about them to find friendly countries in which to bring libel lawsuits.

Writers, publishers and third-party Internet providers that have produced material inside the United States can find themselves faced with lengthy libel trials in other countries at considerable expense.

The bill would prohibit a domestic U.S. court from enforcing a foreign defamation judgment if it is "inconsistent with the first amendment to the Constitution of the United States." It would be the plaintiff's job to show that a foreign judgment is consistent with the first amendment.

The bill also would allow writers and publishers to seek attorneys fees from foreign plaintiffs if they prevail in U.S. courts.

The measure covers computer service providers. "This will ensure that libel tourists cannot chill speech by suing a third party interactive computer service," Cohen said.

Some members of Congress have called for a broader response to libel suits in foreign countries, but critics say proposals that may intervene in foreign courts could raise constitutional problems.

-By Fawn Johnson, Dow Jones Newswires; 202-862-9263; fawn.johnson@dowjones.com

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