Libel Tourism’: When Freedom of Speech Takes a Holiday
By ADAM COHEN Published: September 14, 2008
http://www.nytimes.com/2008/09/15/opinion/15mon4.html?_r=1&scp=1&sq='Libel%20Tourism':%20When%20Freedom%20of%20Speech%20Takes%20a%20Holiday.&st=cse&oref=slogin
As we discussed in class, it is easier to sue for libel in Britain than it is in the US. In this article “libel tourism”, as it is called, is discussed as it relates to a recent case. In this case, Rachel Ehrenfeld wrote “Funding Evil: How Terrorism Is Financed and How to Stop It”. In this book she accuses a Saudi businessman as being a founder of terrorism. The book was not published in Britain, but the businessman sued for libel in Britain because a few copies of the book were sold online. The businessman ended up receiving a substantial settlement.
Due to the internet, every American book can be purchased in Britain or anywhere else for that matter, thus leaving American authors open to lawsuits in other countries with less freedom of speech. This lack of protection of the First Amendment has caused outrage. In May, the New York State Legislature passed a bill that stops enforcement of libel judgments from countries that provide less free-speech protection than the United States, and a similar bill has been introduced in Congress. Protecting the entire county, the federal bill would also allow American authors/publishers to countersue.
Do you think American’s have should be able to protect their free speech rights in other countries if the publication is available online? I think it is one thing to actually publish in another country and be libel, but now, with the intranet, we live in a global world and our rights need to be protected.
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1 comment:
Wow!!! The "chilling effect" is a great term for it. In fear of being sued for a right that Americans uphold such as the Freedom of Speech is unheard of. The book was written (I assume) and published in America but due to the selling online was tried in another country. I thought that the place of origin of any creative works had to be tried in that origin of land. So I am a little confused to why this was a case. I can now say that I understand why some writers would shy away from exposing certain truths in their books.
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