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« Quote of the day | Main | Coining it »
Saturday
Jan102009

US to defend constitution from Brits

The problem of libel tourism, has been in the news again. This is the mad state of affairs where people from other parts of the world come to London to sue for libel damages because of the absurd reversal of the burden of proof here, the excessive damages frequently handed out, and the weak protections for free speech we "enjoy" in the UK.

In the internet age this has offered repressive regimes and individuals of dubious intent the possibility to silence critics whereever they are and the US has started to notice the deleterious effect it has had on their constitutionally guaranteed right to free speech. Now, according to the Wall Street Journal, plans are afoot to allow people to counterclaim in the US Courts.

Unfortunately it will only be possible to sue people who visit the US or have business interests there, but it's a step in the right direction. The interesting facet to the new bill for British bloggers is the question of whether it would in theory be possible for a blogger sued in the UK by a business with American interests to counterclaim through the US courts, thus partially extending the protections of the US constitution to the UK.

That would be a turn-up for the books.

 

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Reader Comments (1)

Equally interesting would be whether an American official involved in the prosecution of a UK national for a crime such as online gambling or provision of equipment that is entirely legal within the UK, could be arrested for "Malicious Prosecution" if they were passing through an EU airport.
Would the US accept the principle, given that they set the precedent
Jan 11, 2009 at 9:40 PM | Unregistered CommenterKRP

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