Sunday, February 28, 2010

The threat of "libel tourism"

In recent news (Feb. 16, 2010), the Senate is looking to hold a hearing on Feb. 23
to examine something called "libel tourism." The world
"tourism" suggests crossing national borders, and that is exactly
what this libel issue is about. The question of the hearing amounts to
"Are foreign libel lawsuits threatening Americans' First Amendment rights?"

Rachel Ehhrenfeld, who wrote a book about funded terrorism, found the answer to this
question first-hand when she was sued in British courts by a Saudi businessman.
It is good that this hearing is taking place, for the issue of First Amendment
isn't something that just resides in America alone. We cannot be simply
complacent with just First Amendment guarantees within our borders, for this is
a global world. In some other countries, the First Amendment is more of just
"a guideline." In some countries, it doesn't exist at all. In such
instances, what happens when American journalism is met an audience that don't
value the ideas of First Amendment like we do? Well, the result can be what
Ehrenfeld experienced: prosecution.

Journalism and the First Amendment go hand in hand. If we are dissuaded from journalism
based on the threat of foreign lawsuits, then our First Amendment rights are
threatened just the same. We have to keep in mind that "libel" to a
politician in North Korea is not the same as how we think of "libel"
in America. What is happening now is that lawsuits are being fought in the
"playing field" of whoever feels offended--in other words, it's
abroad.

This is simply nonsensical. A piece of journalism written by someone in one's country
should be subject to the same journalistic standards of that person's country.
It shouldn't be judged in the hands of whoever's offended, and by that
country's laws, as it threatens our First Amendment right to free speech and
practicing journalism freely.
-SL

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