‘UK should not impose free-speech standards on rest of world’

Washington will make moves to prevent the enforcement of English libel judgments against American authors unless UK defamation laws are brought into line with those of the US, a New York State legislator warned this week.

‘Britain should not try to impose its free-speech standards on the rest of the world in cases that don’t have a strong UK connection,’ Rory Lancman, author of the New York Libel Terrorism Protection Bill, told delegates at a seminar on ‘libel tourism’ organised by the Policy Exchange think-tank.

The vulnerability of American-based authors to libel actions brought in English courts has become a political cause ­célèbre in the states.

Legislation introduced both in the Senate and in the House would bar US courts from enforcing judgments made by foreign courts against US residents, if the publication would not be defamatory in the US.

However, defamation specialists questioned whether English law needed measures against jurisdiction shopping.

Paul Tweed of Johnsons Solicitors, warned against rushing in changes because of a handful of high-profile cases. ‘Will the next step be moves to block the enforcement of international debts?’

Anthony Julius, of Mishcon de Reya, blamed ‘cowardly defendants’ for the level of libel threats in Britain. He called for an end to conditional fee agreements and said claimants should be required to ‘show substantial connection and publication’ in Britain.

‘That, combined with defendants with slightly more backbone would largely solve the problem,’ he said.