LIBEL TOURISM Meaning and
Definition
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Libel tourism refers to the practice of pursuing legal action for defamation in a foreign jurisdiction that has more favorable laws in terms of protecting the reputations of individuals or organizations. This term is often used to describe cases where plaintiffs purposely select a particular jurisdiction, typically a country or a state, to file their defamation lawsuits, even if the connection to that jurisdiction is minimal or non-existent. The primary intention behind libel tourism is to take advantage of lax defamation laws or a more sympathetic legal system to achieve a favorable judgment.
By strategically choosing a jurisdiction with lower standards of proof, longer statutes of limitations, or a stronger bias towards protecting the plaintiff's reputation, the objective of libel tourism is to deter critical reporting or commentary. It allows powerful individuals or entities to intimidate or silence journalists, researchers, or writers by threatening hefty legal action in jurisdictions that are more likely to side with the plaintiffs.
The rise of the internet and global publication has fueled libel tourism as plaintiffs can easily target content published online, accessible from multiple jurisdictions. Furthermore, the international nature of the internet makes it difficult for defendants to avoid costly and inconvenient defamation lawsuits filed abroad.
In response to libel tourism, some jurisdictions have enacted legislation to limit the reach of foreign judgments, protect free speech rights, or establish tougher requirements for establishing jurisdiction. These measures aim to strike a balance between protecting an individual's reputation and safeguarding the right to freedom of expression.
Etymology of LIBEL TOURISM
The term "libel tourism" originated in the early 2000s and is a combination of two words: "libel" and "tourism".
1. Libel: The word "libel" comes from the Latin term "libellus", which means a little book or a written complaint. In English, "libel" refers to a false statement, written or printed, that harms someone's reputation. It specifically involves a defamation claim that is published in a permanent form, such as in newspapers, books, magazines, or on the internet.
2. Tourism: The word "tourism" originates from the Old English word "turism" and the Latin word "tornus", which means a circular movement or a tour. It refers to the activity of traveling for leisure, visiting different places, and experiencing new cultures.
