The US senate last night passed legislation to protect US journalists, writers and publishers from “libel tourists” — litigants who sue Americans in foreign jurisdictions which place a lower emphasis on free speech
The legislation was specifically designed to negate the threat of English laws, amid claims that the UK has became an international libel tribunal. One case in particular incensed US politicians, that of New York based academic Rachel Ehrenfeld who was sued in London despite only 23 copies of her book, on the financing of terrorism, being sold in the UK. The bill, co-sponsored by Democrat Patrick Leahy and Republican Jeff Sessions has broad cross-party support. If passed, the proposal will prevent US courts from recognising foreign libel rulings that are inconsistent with the First Amendment. During the debate Leahy argued that foreign courts were chilling open debate and “undermining” freedom of speech in the US. In a statement he said:”While we cannot legislate changes to foreign law that are chilling protected speech in our country, we can ensure that our courts do not become a tool to uphold foreign libel judgments that undermine American First Amendment or due process rights.” The SPEECH (Securing the Protection of our Enduring and Established Constitutional Heritage) Act will now go before the House of Representatives.
Read more about the act here
Tracey Brown, the Managing Director of Sense About Science said:
“This shows the extent to which the rest of the world fears our libel laws. When politicians in the US bring forward laws to stop their citizens from being sued, it’s clear there is a serious problem. Whilst some judges bury their heads in the sand and pretend there’s no problem with our libel laws, we are clear after speaking with NGOs, scientists and academics that the problem is real and serious.”
John Kampfner, the CEO of Index on Censorship said:
“This law should present a clear message to the UK coalition government. When Britain’s closest ally feels the need to create new laws to protect itself from the High Court in London, it’s clear the status quo cannot continue. The government should deliver radical proposals for reform of English libel law in the draft bill promised for early 2011.”
Jonathan Heawood, the Director of English PEN said:
“The effect of libel tourism is not just the books pulped, but it also has a chilling effect on the work of charities, writers and activists across the globe. That’s why the US has taken such dramatic action to protect its citizens from the High Court in London. The English PEN, Index on Censorship and Sense About Science campaign has made the case that we’re becoming a global pariah, we now need the new government to take action.”
Watch Congressman Steve Cohen speak on the bill:
http://www.youtube.com/watch?v=s1wjBFIl66w
Read the text of the bill here http://www.govtrack.us/congress/bill.xpd?bill=s111-3518