A proposed solution to the problem of libel tourism

Abstract

This article looks at the problem of libel tourism. The term was coined to describe the ease in which a claimant can initiate a libel claim within a jurisdiction that, where it can be reasonably argued, has a tenuous connection to the dispute. This usually turned out to be England and Wales, where strong protection of reputation laws prevailed. The problem of libel tourism increased dramatically with the introduction, and subsequent expansion, of the Internet. Publishers, particularly those domiciled in the United States where high freedom of speech laws prevail, argued that libel awards from England and Wales are having the effect of silencing authors on important global matters. The British government sought to address these concerns with the Defamation Act 2013. This article will discuss the impact of this endeavour and present a solution that seeks to overcome the problem of libel tourism.