An internet libel case that went before the New York Supreme
Court is threatening to curb the freedom of on-line news reporters.
The case was prompted by several investigative reports into the
President of the Banco National de Mexico (“Banamex”), Roberto
Hernandez Ramirez.
The reports posted on the NarcoNews.com web site hosted in New
York alleged that Ramirez was involved in illegal drug trafficking
activities. A libel case was brought against the journalists
responsible for publishing the articles on-line, but was dismissed
three times by the Mexican courts. It was then taken to the courts
in New York on the grounds that the web site server was based in
New York and so the courts arguably have jurisdiction over the
case.
US based civil liberties organisation the Electronic Frontier
Foundation (“EFF”) has expressed its concerns regarding the case to
the court. The Legal Director of the EFF, Cindy Cohn said:
“The EFF is concerned that the bank resorted
to New York courts to try to shut down this web site because it
could not do so in Mexican courts. This kind of forum shopping
threatens to shut down one of the greatest benefits of the internet
– giving a voice to independent, internet-based journalists. Faced
with having to defend themselves in far-flung jurisdictions, many
independent journalists will simply choose not to publish on the
internet.”
The ruling in this case is not expected for some months yet.
