Libel Tourism


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A type of 'forum shopping' in which plaintiffs choose to file libel suits in a jurisdiction more likely to give a favourable result, especially in England and Wales, in preference to other jurisdictions, such as the US, which provide more extensive defences for those accused of making libellous (derogatory) statements
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83) "When it comes to libel tourism, bin Mahfouz is something of a frequent flyer.
Auchi is Iraqi but resident in the UK, so to that extent his use of British courts does not strictly qualify as libel tourism.
While free speech needs defending, there is a fear among members of the international legal community that part of the outcry over libel tourism in the U.
So people have flocked to the British courts to file libel lawsuits (forum-shopping allows plaintiff s to bring lawsuits where the substantive law is most favorable to them, not where there is the strongest connection to the dispute)--hence the term libel tourism.
of Sydney, Australia) argues that the SPEECH Act and other libel tourism laws are flawed because they fail to recognize the value of enforcing some foreign defamation judgments because American interests are minor and also because there is ongoing convergence in defamation law "that should not be impeded by inflexible, unilateral fiats.
Defamation, libel tourism and the SPEECH Act of 2010; the First Amendment colliding with the common law.
Topics include the implications of cloud computing for copyright control, the media diversity potential of "long-tail markets" that exploit the reduced marginal costs of adding content, the ability of digital technologies to culturally unify diasporic communities such as Jamaican musical producers, issues of overlapping jurisdiction in the context of libel tourism, threats to free speech arising from jurisdictional convergence in the area of libel, strategies utilized by nation states to censor online content, the nature of constitutional rights in the private digital sphere, and the ways in which indigenous communities bend to technologies to their own needs.
Ireland and France too are increasingly popular stopovers on the libel tourism trail, although Paris is attractive not because of the size of the awards (which are capped at 12,000 euros), but because libel is still considered a criminal case.
He adds: " Examples of libel tourism include a Saudi businessman pursuing an American writer through the English courts over a book which had sold 23 copies in the UK, and an Indian politician who won a hefty out- of- court settlement because she disliked the way she was portrayed in Katherine Frank's biography, Indira: The Life of Indira Nehru Gandhi .
The United Nations Human Rights Committee has also warned Britain to stop the practice of libel tourism, which, it said, affected "freedom of expression worldwide on matters of valid public interest.
The proposed Defamation Bill, which received its second reading in the House of Commons on June 12, would end the practice of libel tourism.
It includes recent laws and regulations addressing libel tourism, cyberstalking, sexting, and online privacy, and new case studies related to WikiLeaks' posts of classified information, file sharing, music licensing, and the claims that social media sites assert over user-posted intellectual property.