Libel law in England and Wales is amongst the strictest and most protective of reputations and has attracted criticism from the US over rulings in the UK relating to items initially published in the US.
Since online publication of news items became ubiquitous people who feel their reputations have been damaged have sought the most sympathetic courts in which to take their actions. Arguing that online publication brings an article within UK jurisdiction, many have taken actions in the courts in England and Wales.
The Government has said that libel tourism is a problem and that the libel law reform bill that it will publish early in 2011 will address the problem and re-set the balance of the law more in favour of journalists, publishers and academics.
The US has, however, moved to stop foreign rulings being enforced there with the passing through the Senate of the Securing the Protection of our Enduring and Established Constitutional Heritage Act.
The proposed law is expected to pass through the House of Representatives, since a similar proposal was passed there last year but did not ultimately become law.
"[The law] will ensure that American courts will not enforce foreign libel judgments from countries whose free speech protections are lower than what our Constitution affords against American journalists, authors and publishers," said Patrick Leahy, the Democrat Senator who was behind the proposal.
"Libel tourism results in a race to the bottom, and can cause Americans to defer to the country with the most chilling and restrictive free speech standard, to determine what they can write or publish," said Leahy. "This undermines our [constitution's] First Amendment."
The UK has been criticised as being a popular venue for libel tourists. The United Nations Human Rights Committee said in 2008 that libel law in the UK was stifling free speech.
"The Committee is concerned that the State party's practical application of the law of libel has 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'," it said. "The advent of the internet and the international distribution of foreign media also creates the danger that a State party's unduly restrictive libel law will affect freedom of expression worldwide on matters of valid public interest."
All three major UK political parties pledged to reform libel law before the general election, and the Conservative-Liberal Democrat coalition Government has promised to publish its reform plans early next year.
"The Government recognises the impact that the current law may be having on freedom of expression, particularly in relation to academic and scientific debate, the work of non-governmental organisations and investigative journalism and will be looking at options for addressing concerns around 'libel tourism'," said a Ministry of Justice statement earlier this month.
The House of Lords debated a reform bill proposed by Liberal Democrat peer Lord Lester, but the Government refused to give the bill its backing.
"The unsatisfactory state of English defamation law is notorious and well recognised both here and abroad," said Lord Lester in that debate in the House of Lords. "It suffers from the twin vices of legal uncertainty and over-breadth. It has failed to adapt to the changed world of communication by means of the internet and worldwide web."
