Libel
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NEWS MEDIA UPDATE U.S. · August 10, 2010 · Libel
Obama signs federal 'libel tourism' bill
President Barack Obama today signed into law bipartisan legislation aimed at protecting authors and journalists from libel lawsuits filed abroad.
Just a few weeks after the Senate Judiciary Committee finalized the legislation and it was approved by the full Senate, Obama signed the Securing the Protection of our Enduring and Established Constitutional Heritage Act. The SPEECH Act, which was sponsored by Sens. Patrick Leahy, D-Vt., and Jeff Sessions, R-Ala., prohibits U.S. courts from enforcing foreign libel judgments against U.S. defendants that are inconsistent with First Amendment protections. The practice of filing lawsuits in a foreign country because it has more lax standards on libel is known as "libel tourism."
The law, which is the first to offer nationwide federal protection, was modeled on a New York state law inspired by an author who faced a libel tourism lawsuit over a book on terrorism financing. In addition to blocking enforcement, the new . . . [more]
— Cristina Abello, 6:41 pm · View reader comments (3)
NEWS MEDIA UPDATE U.S. · July 19, 2010 · Libel
Senate unanimously passes libel tourism bill
The Senate on Monday voted unanimously to approve a bipartisan bill that will protect journalists and authors from libel lawsuits filed overseas.
The Securing the Protection of our Enduring and Established Constitutional Heritage Act, known as the SPEECH Act, was co-sponsored by Senators Patrick Leahy, D-Vt., and Jeff Sessions, R-Ala. It will now be sent to the House of Representatives for consideration.
“The freedoms of speech and the press are cornerstones of our democracy,” said Sen. Leahy in a release. “They enable vigorous debate, and an exchange of ideas that shapes our political process. Foreign libel lawsuits are undermining this informational exchange. 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."
The SPEECH Act would bar federal courts from enforcing a foreign libel judgment against an American journalist, author or . . . [more]
— Amanda Becker, 5:12 pm · Comments: 0
NEWS MEDIA UPDATE U.S. · July 13, 2010 · Libel
Senate committee passes libel tourism prevention bill
The Senate Judiciary Committee Tuesday morning unanimously passed bipartisan legislation aimed at protecting authors and journalists from libel lawsuits filed abroad.
If enacted by the full Senate, the SPEECH -- Securing the Protection of our Enduring and Established Constitutional Heritage -- Act, sponsored by Sens. Patrick Leahy, D-Vt., and Jeff Sessions, R-Ala., would not allow U.S. courts to enforce foreign libel judgments against U.S. defendants that are inconsistent with First Amendment protections. The practice of filing suit in a foreign country just because of the more lax standards on libel is known as "libel tourism."
The law was modeled on a law in New York state that was inspired by an author who faced a libel tourism lawsuit over a book on terrorism financing. The bill allows defendants to clear their names by obtaining a declaratory judgment in a United States court.
“We take seriously the challenge of getting this right -- to be respectful of foreign nations, many of whom are allies. But at the same . . . [more]
— Cristina Abello, 3:26 pm · View reader comments (1)
NEWS MEDIA UPDATE North Carolina · July 1, 2010 · Libel
N.C. judge orders blog to disclose anonymous commenters
A North Carolina judge has ordered an online-news editor to produce the names of six anonymous posters who allegedly posted defamatory comments on his website, although one of them identified himself this morning on a local AM radio station.
Former Vance County commissioner Thomas S. Hester Jr. subpoenaed "Home in Henderson" editor Jason A. Feingold demanding the identities of individuals who posted allegedly defamatory statements under monikers such as "Fatboy" and "Confused."
The dispute began when Feingold reported that eight people occupying a local house owned by Hester included elderly individuals living in squalor. A tenant of Hester's had apparently sublet the premises without his knowledge, but the blog comments speculated as to the degree of his culpability and were highly critical of Hester's . . . [more]
— Cristina Abello, 5:32 pm · View reader comments (11)
NEWS MEDIA UPDATE U.S. · June 24, 2010 · Libel
Senators introduce new libel tourism bill in committee
Two members of the Senate Judiciary Committee on Tuesday introduced bipartisan legislation aimed at protecting authors and journalists from libel lawsuits filed abroad.
The SPEECH -- Securing the Protection of our Enduring and Established Constitutional Heritage -- Act, sponsored by Sens. Patrick Leahy, D-Vt., and Jeff Sessions, R-Ala., would invalidate libel judgments levied against Americans elsewhere that could not have been obtained in the United States due to First Amendment protections. It does not go as far as other libel tourism bills under consideration in Congress that would allow libel defendants to counter-sue the plaintiffs who bring such claims against them in foreign courts, which makes the bill less controversial and possibly more appealing to members of Congress.
The proposed legislation, which was modeled on a law in New York State that was inspired by an author who faced a libel tourism suit over a book on terrorism financing, states that foreign defamation judgments cannot be enforced in the United States if they are inconsistent with American law. It also allows individuals to . . . [more]
— Cristina Abello, 6:05 pm · Comments: 0
NEWS MEDIA UPDATE Ohio · June 16, 2010 · Libel
Ohio high court extends libel reach to Virginia resident
A Virginia resident who posted allegedly defamatory comments on several websites may be sued in an Ohio court even if his comments were not aimed at an audience there, the Ohio Supreme Court has ruled.
The high court ruled 4-2 that Scott Roberts, 30, of Richmond, Va., has to respond to an Ohio court on a defamation lawsuit filed by a Glenmont, Ohio, company doing business nationally. The firm, Kauffman Racing Equipment, alleges Roberts defamed it and intentionally interfered with its business relationships when he posted comments on several message boards that the company had sold him a defective engine block.
The court decided the case, Kauffman Racing Equipment LLC v. Roberts, on June 10. The court did not rule on the merits of Kauffman’s defamation or interference claims but only said the case could be heard in an Ohio court. Roberts’ attorney, William Kepko of Mount Vernon, Ohio, said the parties will try to settle.
Roberts had sought dismissal on the ground that the Ohio courts lacked jurisdiction over him. Ohio's high court affirmed the . . . [more]
— Mike Torralba, 5:56 pm · View reader comments (1)
NEWS MEDIA UPDATE Illinois · June 10, 2010 · Libel
Court ignores trend on anonymous comments
An Illinois newspaper must disclose the identity of an anonymous reader who posted allegedly defamatory comments on its website, a state appellate court has ruled.
A three-judge panel of the Appellate Court of Illinois (3rd Dist.) ruled 2-1 on June 1 in favor of an Illinois couple, Donald and Janet Maxon, who alleged that they were defamed by comments made by a poster on The Times of Ottawa, Ill., website, which is owned by Ottawa Publishing Co. In ordering the media company to unmask the identity of the poster, who suggested the Maxons had bribed the Ottawa town planning commission in an attempt to change a local zoning ordinance to benefit a planned bed and breakfast, the state appellate court rejected the approach that has been used in similar cases in other jurisdictions because, it said, the state's procedural rules already provided sufficient protection.
“How much is Don and Janet from another Planet paying you for your betrayal????” the commenter, "FabFive from Ottawa" wrote in response to an article The Times published . . . [more]
— Mike Torralba, 5:47 pm · View reader comments (2)
QUICKLINK Louisiana · May 12, 2010 · Libel
Louisiana politician sues online commenters for defamation
A New Orleans area politician is suing for defamation and embarrassment caused by anonymous, online comments made on NOLA.com, TheTimes-Picayune reported.
Steve Theriot, the interim president of Jefferson Parish, which is part of the metropolitan New Orleans area, claims the comments made on the site were made with "malice and a blatant, intentional disregard for the truth."
Theriot's legal team has issued a subpoena to NOLA.com, the website for The . . . [more]
— Christine Beckett, 6:32 pm · Comments: 0
QUICKLINK New Jersey · May 12, 2010 · Libel
N.J. high court says fair report privilege applies to pretrial filings
The New Jersey Supreme Court on Tuesday ruled that journalists who report accurately from court filings are protected from defamation suits.
In Salzano v. North Jersey Media Group, the court upheld the state's fair report privilege and said that news reports containing a "full, fair and accurate" account of court complaints have an absolute privilege with regard to defamation . . . [more]
— Cristina Abello, 6:03 pm · Comments: 0
QUICKLINK Kansas · May 3, 2010 · Libel
Kansas Supreme Court overturns libel award against broadcaster
The Kansas Supreme Court last week overturned a $250,000 libel award levied against a Wichita broadcaster and its news director after the station erroneously reported that a man was a suspect in what is known as the BTK murders, The Associated Press reported.
Television station KSN received an anonymous tip in 2004 that Roger Valadez had been arrested in connection with the "Bind, Torture, Kill" murders. In truth, he was never a suspect. He sued the station and news director Todd Spessard, . . . [more]
— Christine Beckett, 5:53 pm · Comments: 0
QUICKLINK International · April 9, 2010 · Libel
Libel reform stalls in United Kingdom
Plans for libel law reform in the United Kingdom have been put on hold until the next general election, The Independent reported.
Justice Secretary Jack Straw previously recommended an overhaul of Britain's libel laws after a study found the rules had a "chilling effect" on freedom of expression, but Leader of the House of Commons Harriet Harman said the plan would need to be reintroduced . . . [more]
— Cristina Abello, 3:05 pm · Comments: 0
QUICKLINK Florida · March 31, 2010 · Libel
Florida hospital must pay $5 million to doctor in slander suit
A Florida appellate court this week ruled that a hospital whose chief executive stated that a former employee was not even fit to perform surgery on a dog is liable for punitive damages – to the tune of $5 million.
Although the jury did not award Dr. Samuel Sadow compensatory damages, which normally approximate the financial loss resulting from the defamation, it awarded him the huge sum in punitive damages. The court wrote in the opinion that a large punitive damages award is appropriate when a . . . [more]
— Cristina Abello, 6:11 pm · View reader comments (2)
QUICKLINK International · March 23, 2010 · Libel
UK cabinet member proposes changes to curb libel tourism
The United Kingdom, long a popular venue for libel suits that would fail under the stronger free speech protections of American law, is considering libel reforms that would create exceptions for public-interest reporting, bar multiple lawsuits arising from the same material and create new jurisdictional requirements, The Associated Press reported.
The Independent . . . [more]
— Cristina Abello, 5:58 pm · Comments: 0
QUICKLINK Washington · March 19, 2010 · Libel
Washington strengthens state anti-SLAPP protections
An enhanced version of a Washington state law that protects individuals against frivolous lawsuits intended to quash critical speech was signed by Gov. Chris Gregoire on Thursday.
The amended anti-SLAPP statute, which is intended to discourage Strategic Lawsuits Against Public Participation, will cover more types of . . . [more]
— Cristina Abello, 5:12 pm · Comments: 0
QUICKLINK International · March 18, 2010 · Libel
German court claims jurisdiction in lawsuit against American author
One of Germany's highest appellate courts this month ruled that the country’s courts have long-arm jurisdiction over an American author and newspaper because the article was viewed on the Internet in Germany.
The case began nearly a decade ago when New York . . . [more]
— Cristina Abello, 2:56 pm · View reader comments (1)
NEWS MEDIA UPDATE Washington, D.C. · February 23, 2010 · Libel
Senate committee debates libel tourism law
The Senate Judiciary Committee in a hearing Tuesday morning voiced support for legislation that would attempt to deter foreign libel lawsuits against American authors and publishers but left the door open to further negotiation about specific legislative action.
Because other countries do not have the strong speech protections of the First Amendment, libel plaintiffs often file suit abroad to win judgments against Americans that would have been lost in U.S. courts. Attorneys Kurt Wimmer and Bruce Brown, who work with media defendants, testified about the potential harms of international forum shopping for libel suits, which is known colloquially as libel tourism.
“If American authors and publishers run the risk of foreign lawsuits with every article or book that they write, there is a race to the bottom and to the most chilling and restrictive standards,” said Committee Chairman Patrick Leahy, D-Vt. "This potential chilling effect will in turn deprive Americans of the kind of candid commentary and uninhibited information that our laws are designed to . . . [more]
— Cristina Abello, 6:01 pm · Comments: 0
QUICKLINK Texas · February 17, 2010 · Libel
Texas mayor drops libel suit for $50,000 and a retraction
A Texas man who took out an ad that said a former mayor broke laws in a city land acquisition must pay damages of $50,000 and take out an ad that retracts his allegations as part of a settlement, The Keller Citizen reported.
Jack Brock placed an ad in the Citizen days prior to a 2007 mayoral election, accusing the incumbent, Keller Mayor Julie Tandy, of falsifying documents during a city proceeding that resulted in the acquisition of an easement on his land. Tandy lost re-election and . . . [more]
— Cristina Abello, 6:02 pm · Comments: 0
QUICKLINK Massachusetts · January 20, 2010 · Libel
Mass. high court applies fair report privilege to anonymous sources
The Massachusetts Supreme Judicial Court earlier this month ruled that the fair report privilege, which protects reporters from legal liability who quote from official sources and documents, can also apply to information obtained anonymously, the First Amendment Center reported.
In a 6-1 decision, the court on Jan. 7 said that as long as an article fairly and accurately reported an official government action, even by way of a confidential . . . [more]
— Cristina Abello, 5:49 pm · Comments: 0
QUICKLINK International · January 4, 2010 · Libel
Two rulings revamp Canadian libel laws
Canada's highest court upended the country's libel laws last week with a pair of decisions that will strengthen freedom of speech.
The rulings established a "responsible journalism" defense that protects reporters sued for libel whose stories were in the public interest, The Canadian Press reported.
In the first case, The Toronto Star was saved from paying $1 million in punitive damages -- one of the largest awards in Canadian libel history -- over . . . [more]
— Amanda Becker, 6:40 pm · View reader comments (1)
QUICKLINK U.S. · December 17, 2009 · Libel
Federal anti-SLAPP legislation makes its debut in Congress
The House of Representatives is considering legislation that would create a federal anti-SLAPP law to protect individuals from meritless lawsuits filed to intimidate them into refraining from criticizing a person, company, or project.
Representative Steve Cohen, D-Tenn., yesterday introduced The Citizen Participation Act of 2009 (H.R. 4364), which would be the first anti-SLAPP (Strategic Lawsuits Against Public Participation) statute to cover federal cases. Such statutes currently exist in 28 states, . . . [more]
— Cristina Abello, 6:22 pm · View reader comments (2)
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