When Angelina Jolie headed to Nice, France, to unload her two kids, it wasn’t because the doctors there were any better than the U.S. It’s because the privacy laws there forbid photographers from taking publishing her picture, or that of her newborns, without her permission. Knowing those photos would fetch a hefty sum — $14 million, it turns out — she set up camp among the French until she blew.
In the United Kingdom, there’s a similar phenomenon going on: “libel tourism,” where lawsuits get filed in British courts over news reports that celebrities and other plaintiffs couldn’t even get on a court docket in their own countries.
That’s because the U.K. has some of the strictest libel laws in the world, if you discount North Korea’s tendency to make anybody who says something questionable disappear.
Plenty of publishers around the world aren’t happy with the British way of doing things, especially because the Internet and global distribution of many publications put their works inside U.K. jurisdiction, opening them up to lawsuits.
But now there’s a tiny organization who’s on their side. Perhaps you heard of it?
The United Nations.
Concerned with a little thing called “human rights,” the U.N.’s committee dedicated to the matter has gone on the record slamming the U.K.’s strict interpretation of libel:
The committee warns that the British libel laws have “served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as libel tourism”.
The case that has provoked the most concern is that of an American researcher, Dr Rachel Ehrenfeld, who was sued in London by a Saudi businessman and his two sons over a book that sold 23 copies over the internet into the UK, where it was never officially published. One chapter of the book was available online.
The action led to the New York state legislature passing legislation to protect writers and publishers working there from defamation judgements in any country that does not give the same same freedom of speech rights as New York and US federal law.
The committee’s report highlights the grey area created by the internet whereby alleged libel can be read in different countries. There is a risk, warns the committee, that restrictive libel laws could affect legitimate international discussion, contrary to article 19 of the covenant on civil and political rights, which guarantees the right to freedom of speech “regardless of borders”.
The UK government has been urged to consider “a so-called ‘public figure’ exception” that would require a would-be claimant to prove actual malice by a publisher or author.
This would apply in cases involving public officials and prominent public figures, as currently exists in the US, where a public figure can only sue for libel if he or she can demonstrate malice, recklessness or indifference to the truth and that the statement is false.
A move like this could quash lawsuits like the one Las Vegas Sands CEO Sheldon Adelson filed against The Daily Mail, or Lisa Marie Pressley suing that same newspaper for calling her fat.
Not that it would do anything for News of the World: Though Formula 1 chief Max Mosley is certainly a public figure, it’d still be illegaly to t say somebody enjoys Nazi-themed S&M sex when he actually just enjoys just regular-themed S&M sex.
Bringing this story full circle, then, is this interesting aside: Ms. Jolie, a celebrity who benefits from Britain’s restrictive libel laws and would likely enjoy keeping them on the books, is an official U.N. ambassador.
[Guardian]