Defamation litigation chosen based on favorable jurisdiction
Libel tourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. 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.[1]
A critic of English defamation law, journalist Geoffrey Wheatcroft attributes the practice to the introduction of no win no fee agreements, the presumption that derogatory statements are false, the difficulty of establishing fair comment and "the caprice of juries and the malice of judges."[2] Wheatcroft contrasts this with United States law since the New York Times Co. v. Sullivan case. "Any American public figure bringing an action now has to prove that what was written was not only untrue but published maliciously and recklessly."[2]
Two other critics of English defamation law, the US lawyers Samuel A. Abady and Harvey Silverglate, have cited the example of Irish–Saudi businessman Khalid bin Mahfouz, who by the time of his death in 2009, had threatened suit more than 40 times in England against those who accused him of funding terrorism.[3] Mahfouz also took legal action in Belgium, France and Switzerland against those repeating the accusations. George W. Bush advisor Richard Perle threatened to sue investigative reporter Seymour Hersh in London, because of a series of critical articles Hersh had written about him.[4]
A series of cases involving US citizens being sued in English courts led to new laws in both countries. In the United States, the SPEECH Act unanimously passed the US Congress, which makes foreign defamation judgments unenforceable in US courts if they do not meet US free speech standards. In England and Wales, the Defamation Act 2013 requires plaintiffs to show that England is the proper jurisdiction to hear a case when the defendant does not live in England or Wales.
^Libel Tourism Chills Investigative Journalism Archived 2010-11-24 at the Wayback Machine
^ abWheatcroft, Geoffrey (28 February 2008). "The worst case scenario". The Guardian. p. 32. Retrieved 17 April 2008.
^Samuel A. Abady; Harvey Silverglate (7 November 2006). "'Libel tourism' and the War on Terror". Boston Globe. Retrieved 17 April 2008.
^Berlins, Marcel. Index on Censorship, July 2004, Vol. 33 Issue 3, p18-20
Libeltourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. It particularly refers to the practice of pursuing...
connection to the UK, giving rise to 'libeltourism'. The common law crimes of criminal libel and seditious libel were abolished for UK citizens by the...
instead alleging that Mahfouz was using the High Court of Justice for libeltourism. Her refusal resulted in Justice Eady in the High Court awarding a default...
a form of forum shopping sometimes called "defamation shopping" or "libeltourism". In The Atlantic Star [1973] QB 364 at 381–382, Lord Denning MR famously...
was written as a response to libeltourism. It creates a new cause of action and claim for damages against a foreign libel plaintiff, if they acted to...
accused Mahfouz of "forum shopping", using English libel law to chill investigations ("libeltourism"). Her argument was based on the fact that Mahfouz...
response to perceptions that the law as it stood was giving rise to libeltourism and other inappropriate claims. The Act changed existing criteria for...
sites to be sued for libel that was written by other parties. To solve the problem of libeltourism, the SPEECH Act makes foreign libel judgments unenforceable...
the courts of England and Wales, has been dubbed libeltourism. British MPs have criticized the libel laws as being "Soviet-style" tools with which the...
Association Settles 'LibelTourism' Case" – via The Chronicle of Higher Education. "Art Association Paid $75,000 to Avoid Libel Lawsuit". 22 June 2008...
high-profile libel cases. According to The Times, Eady "has delivered a series of rulings that have bolstered privacy laws and encouraged libeltourism". One...
citizen, the choice of venue was described by several authorities as libeltourism. Berezovsky won a partial retraction of the story in 2003. Meanwhile...
to the UK. Cash hosted a debate for Policy Exchange on libel reform, believing that libeltourism ought to be curbed. Cash has represented a number of clients...
In 2010 Obama signed the SPEECH Act on the closely related issue of libeltourism. Like many state anti-SLAPP laws, H.R. 4364 would allow the defendant...
response to perceptions that the law as it stood was giving rise to libeltourism and other inappropriate claims. Blasphemy against Christianity was long...
2010), which supersedes the comity doctrine. The Act aims to stop "libeltourism." In the United States, some states and territories recognize professional...
227. "GDS Publishing Provides a Timely Reminder of Why We Needed the LibelTourism Law (CL&P Blog)". Retrieved 14 June 2015. "Lawyer Attempts End Run Around...
the libel action and the fact that it was filed in London. According to the magazine, "The Prince's suit would be precisely the kind of libeltourism that...
asserting that Lipstadt had libelled him in her 1993 book Denying the Holocaust. The court ruled that Irving's claim of libel relating to Holocaust denial...
to possession by 'witchcraft spirits'. The BHA described the case as libeltourism. After sending a mob to disrupt a meeting led by humanist Leo Igwe in...
(Woman's Art Journal, vol. 10 no.2, 1989) Scholarly Association Settles 'LibelTourism' Case , Jennifer Howard, The Chronicle of Higher Education, June 18...
Call Girl". Retrieved 23 June 2008. Magnanti, Brooke (11 March 2010). "Libeltourism is a public health risk". The Guardian. UK. Retrieved 28 December 2010...
party, as in forum shopping for a more favorable legal framework or in libeltourism, by which speech protected in one jurisdiction may be actionable in...
contentious aspect of tort reform, notably with defamation cases and libeltourism. Tort reform advocate Common Good has proposed creating specialised...
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