Libel Tourism Legislation
H.R. 2765: To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services
Introduced Jun 9, 2009
Sponsor Rep. Steve Cohen [D-TN9]
Status Passed House
Last Action Feb 23, 2010: Committee on the Judiciary. Hearings held.
6/15/2009--Passed House amended. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the First Amendment to the Constitution, unless the domestic court determines that the judgment is consistent with the First Amendment. Prohibits a domestic court from recognizing a foreign judgment for defamation if the party opposing recognition or enforcement establishes that the exercise of personal jurisdiction by the foreign court that rendered the judgment failed to comport with the due process requirements imposed on domestic courts by the Constitution. Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the Communications Act of 1934 regarding protection for private blocking and screening of offensive material, unless the domestic court determines that the judgment is consistent with such provisions. Provides that an appearance by a party in a foreign court rendering a foreign judgment to which this Act applies for the purpose of contesting the foreign court's exercise of jurisdiction, moving the foreign court to abstain from exercising jurisdiction, defending on the merits any claims brought before the foreign court, or for any other purpose, shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act. Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails
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