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Preface
Several years ago, I became intrigued by the phenomenon known as libel tourism. However, I rather quickly realised that the issue involved more emotion than substance because there were very few documented situations in which it could be confirmed. Nevertheless, the United States has overreacted and precipitously enacted legislation to solve what I consider a problem that barely exists. Besides being unnecessary, the legislation has the potential to prove ultimately detrimental to the interests of Americans because it hinders rather than promotes America’s most significant export—the free exchange of ideas. Libel tourism is a derogatory phrase for forum shopping where a claimant brings a libel or slander lawsuit in a jurisdiction with plaintiff-favourable laws. At the time of this writing, England is the venue of choice for defamation plaintiffs. Not only has the United States enacted legislation to curb so-called libel tourism but the British Parliament is pursuing defamation law reform partially in response to the American outrage over libel tourism. While defamation law reforms are long overdue in England for domestic reasons, the American legislative response to English judgments is much