Several years ago, American-Israeli criminologist Dr. Rachel Ehrenfeld was sued in London by Saudi banking magnate Khalid bin Mahfouz after her 2003 book Funding Evil connected him to the financing of terrorist organizations such as al-Qaeda and Hamas. Ehrenfeld refused to recognize the legitimacy of the suit, and when Mahfouz won by default she was ordered to pay over $200,000 in damages and legal fees, to pulp copies of her book, and to publish an apology in major British newspapers. To challenge the verdict, Ehrenfeld launched a countersuit in New York--but her case collapsed when the state's courts found that they did not have personal jurisdiction over Mahfouz.
The ruling against Ehrenfeld, wrote the London Times, "almost single-handedly launched the American freedom of speech backlash against UK libel laws." Legislators took up the issue. In 2008, the New York State Legislature passed the Libel Terrorism Reform Act--known informally as "Rachel's Law"--which rendered foreign libel rulings unenforceable in the state. Other states, including Illinois, California, Florida, New Jersey, and Hawaii, have since introduced or passed similar legislation. The comprehensive Free Speech Protection Act 2009 is one of several "libel tourism" bills currently before Congress.
Now, England itself is taking notice. As the New York Times recently reported, England's libel laws have drawn international criticism for the manner in which they chill legitimate journalism and research around the world. Justice secretary Jack Straw has announced that he is alarmed by "libel tourism," and a member of the House of Lords is preparing a bill to make it harder for foreign plaintiffs to sue for libel in English courts.
MPI's short film The Libel Tourist tells Ehrenfeld's story -- and has helped raise awareness about libel tourism since its launch two years ago. Watch the film and learn more at LibelTouristMovie.com.