Page:United States Statutes at Large Volume 124.djvu/2407

 124 STAT. 2381 PUBLIC LAW 111–223—AUG. 10, 2010 courts, and foreign libel judgments inconsistent with United States first amendment protections are increasingly common. SEC. 3. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS. (a) IN GENERAL.—Part VI of title 28, United States Code, is amended by adding at the end the following: ‘‘CHAPTER 181—FOREIGN JUDGMENTS ‘‘Sec. ‘‘4101. Definitions. ‘‘4102. Recognition of foreign defamation judgments. ‘‘4103. Removal. ‘‘4104. Declaratory judgments. ‘‘4105. Attorney’s fees. ‘‘§ 4101. Definitions ‘‘In this chapter: ‘‘(1) DEFAMATION.—The term ‘defamation’ means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dis- honor, or condemnation of any person. ‘‘(2) DOMESTIC COURT.—The term ‘domestic court’ means a Federal court or a court of any State. ‘‘(3) FOREIGN COURT.—The term ‘foreign court’ means a court, administrative body, or other tribunal of a foreign country. ‘‘(4) FOREIGN JUDGMENT.—The term ‘foreign judgment’ means a final judgment rendered by a foreign court. ‘‘(5) STATE.—The term ‘State’ means each of the several States, the District of Columbia, and any commonwealth, terri- tory, or possession of the United States. ‘‘(6) UNITED STATES PERSON.—The term ‘United States per- son’ means— ‘‘(A) a United States citizen; ‘‘(B) an alien lawfully admitted for permanent resi- dence to the United States; ‘‘(C) an alien lawfully residing in the United States at the time that the speech that is the subject of the foreign defamation action was researched, prepared, or disseminated; or ‘‘(D) a business entity incorporated in, or with its pri- mary location or place of operation in, the United States. ‘‘§ 4102. Recognition of foreign defamation judgments ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that— ‘‘(A) the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the United States and by the constitution and law of the State in which the domestic court is located; or