Maurice Chittenden and Steven Swinford
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American newspapers and magazines may stop selling copies in Britain and block access to their websites because of our draconian libel laws.
An article that would be regarded as free speech in America under its constitution’s first amendment becomes actionable in the High Court in London once it is deemed to have been published here, however small the readership.
Such is the UK’s reputation as a world centre for “libel tourism” that newspapers are considering whether it is still worth sending a few hundred copies to British subscribers or for sale in hotels.
The warning comes in a memorandum submitted to a Commons select committee on behalf of US newspapers including The Boston Globe, The New York Times and the Los Angeles Times. It says: “Leading US newspapers are actively considering abandoning the supply of the 200-odd copies they make available for sale in London — mainly to Americans who want full details of their local news and sport.
“They do not make profits out of these minimal and casual sales and they can no longer risk losing millions of dollars in a libel action which they would never face under US law.
“Does the UK really want to be seen as the only country in Europe — indeed in the world — where important US papers cannot be obtained in print form?”
David McGraw, litigation attorney for The New York Times, the Boston Globe and the International Herald Tribune, said: “What the memorandum was trying to say is that the American media generally may be tempted to get out if libel suits proliferate.”
Judges here have also ruled that if even a handful of readers here have clicked on US-based websites, that is sufficient to sue for defamation. As a result US newspapers and magazines are increasingly blocking access to British internet users to avoid being sued.
The National Enquirer, based in Miami, blocked British readers after it was successfully sued in London by Cameron Diaz, the Hollywood actress. Her lawyers showed that an article she deemed defamatory had been viewed 279 times by British internet users.
Some of the most prestigious US newspapers are now considering similar moves. A source at The Washington Post said blocking British readers online could be considered to avoid defamation suits in London.
The Wall Street Journal is to stop publishing its American edition in the UK ahead of the launch of its revamped European edition on November 17. A Dow Jones spokesman said: “While the threat of lawsuits does not dictate what we publish, it certainly drains scarce time and resources in dealing with unnecessary and unwarranted litigation. We fully support any efforts that would clip the wings of libel tourists.”
Kelly Sager, legal counsel for the Los Angeles Times and a number of other titles, said: “We have had newspapers that have blocked their websites, we have magazines and book publishers that refuse to distribute their publications in the UK because of the libel laws.
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