For Immediate Release
Contact: Judith Platt/Deidre Huntington
Ph: 202-220-4551/202-220-4550
Publishers Welcome Congressional Initiatives to Fight Libel Tourism
Washington, DC, May 23, 2008: The Association of American Publishers (AAP) applauded the introduction in Congress of legislation that would discourage the use of foreign defamation lawsuits as a weapon to silence or intimidate American journalists, authors, and publishers. AAP said that the U.S. publishing industry welcomed the new federal legislative initiatives to support American authors and publishers whose First Amendment rights are threatened by “libel tourism,” the cynical exploitation of libel laws in foreign jurisdictions that lack our strong constitutional free speech protections
The problem has gotten a good deal of attention recently as a result of the Ehrenfeld case involving a U.S. author sued for libel in England by a Saudi billionaire. Ehrenfeld’s unsuccessful efforts to have the English default judgment against her declared unenforceable in the U.S. prompted enactment in New York of a state law--the first of its kind in the country--prohibiting enforcement of a foreign libel judgment unless a court in New York determines that it satisfies the free speech and press protections guaranteed by the U.S. and the New York State constitutions.
Bi-partisan legislation (H.R. 6146) was introduced in the House of Representatives late yesterday that would prohibit U.S. courts from enforcing foreign defamation judgments unless the court determines that the judgment is consistent with the First Amendment. Spearheaded by Rep. Steve Cohen (D-TN), the legislation was co-sponsored by House Judiciary Committee Chairman John Conyers (D-MI) and nine members of the Committee (Issa, Nadler, Berman, Coble, Lofgren, Jackson-Lee, Wexler, Johnson, and Gutierrez), along with Reps. Mark Udall (D-CO) and John Yarmuth (D-KY).
Taking a slightly difference tack, but aimed at the same problem, legislation has been introduced in the Senate (S.2977) by Senators Arlen Specter (R-PA) and Joseph Lieberman (I-CT) that would create a federal cause of action to determine if a foreign defamation suit brought as a result of publication or speech in the U.S. would be allowable under U.S. law. The bill would enable a U.S. author or publisher sued for libel in a foreign court to collect treble damages if the U.S. court determines that the foreign plaintiff “intentionally engaged in a scheme” to suppress the defendant’s First Amendment rights. A House companion bill (H.R. 5814) was introduced by Rep. Peter King (R-NY).
“We’re encouraged and gratified that Congress is focusing attention on the serious problem of libel tourism,” said AAP President & CEO Pat Schroeder. “We’ve supported Rachel Ehrenfeld in her court battles and lobbied hard for passage of the New York ‘Libel Terrorism Protection Act.’ Now we’d like to see the fight taken to another level with enactment of federal legislation,” Mrs. Schroeder said.
The Association of American Publishers is the national trade association of the U.S. book publishing industry. AAP’s approximately 300 members include most of the major commercial book publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly societies. AAP members publish hardcover and paperback books in every field, educational materials for the elementary, secondary, post-secondary and professional markets, scholarly journals, computer software and electronic products and services. The Association represents an industry whose very existence depends upon the free exercise of rights guaranteed by the First Amendment.
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