PRIVATE INTERNATIONAL LAW: U.S. Legislation Blocks Enforcement of 'Libel Tourism' Judgments

摘要

In August 2010, President Obama signed the Securing the Protection of Our Enduring and Established Constitutional Heritage Act, or SPEECH Act, amending Title 28 of the U.S. Code to prohibit recognition and enforcement of certain foreign libel judgments. The legislation follows from public and congressional concern over foreign libel judgments by nonresident plaintiffs, notably in the United Kingdom, against U.S. authors for writings that would not be actionable under U.S. law. Australia, Brazil, Indonesia, and Singapore also have been cited as jurisdictions where harsh libel laws invite plaintiffs' lawsuits against U.S. journalists, writers, and publishers.