Can Huawei Sue the US Government for Defamation? A Study on the Threshold of Foreign State Immunity from a Comparative Perspective

Abstract

If Huawei avers that the allegations made by the US on its 5G products and services are false (especially when the allegations are spread worldwide), then it should consider suing the US government for defamation. However, can Huawei sue? Whilst a defamation claim would be blocked by foreign state immunity in most jurisdictions, this article suggests that it may be possible to sue the US government in Canada. (This article does not seek to determine whether the allegations are correct or not, especially because they involve complex technological questions and issues on national security which are not fully accessible by the ordinary public. The analysis simply assumes Huawei's denial as the basis for the academic analysis of foreign state immunity. It will highlight that some allegations may be difficult to support from a evidential perspective. It should not be seen as suggesting any country, organization, company or person is right or wrong, and is a mere academic study.) The published version can be accessed at: https://journals.sas.ac.uk/lawreview/article/view/5124