Sue Tabloids in France for Privacy and in England for Libel – The Litigation Tourist Packs a Suitcase
The effects of globalisation on law and the accountability of the Media in other jurisdictions is growing (or in plain English - you can be sued everywhere, because you are accountable wherever your content is available online).
Out Law, the online legal site, reported the following case where French law was used to sue british newspapers: British newspaper websites liable in France for privacy invasion,
And it didn't start with privacy. In the past, libel cases were brought to England by foreign litigators, to take advantage of its stringent libel laws, including what became known as 'The Arab Effect'. Rachel Ehrenfeld of The American Centre for Democracy wrote a book Funding Evil: "How Terrorism is Financed, and How To Stop It", which implicates Saudi billionaire Khalid Salim A. Bin Mahfouz and others as supporters of terrorism. Bin Mahfouz sued the New York-based Ehrenfeld in the U.K (see J.D. Tuccille's blog).
And if England is a great place to sue for Libel, France is excellent if you want to sue for privacy intrusion. The courts there feel that under EU legislation they have jurisdiction over content published on the Internet, because it is viewable in France. And now a precedent has been set following the success of Kylie's ex, Olivier Martinez, in suing the Mirror Group and Associated Newspapers.
EU law has power over the Union's members, but in the US, libel tourism has evoked strong emotions and calls for the protection of what many Americans see as a breach of their freedom of speech. Some congressmen are campaigning to legislate against libel tourism, to protect the First Amendment. Congressmen Darrell Issa and Steve Cohen introduced a bill in May 08, to try and prohibit US courts from recognizing or enforcing foreign defamation judgments. (more details in The Hill's Congress Blog)
But don't worry for the wealth and welfare of tabloid journalism just yet. Courts in France traditionally order small payouts and, balanced against the popularity of a story, the likes of the EUR4,500 awarded to Martinez are hardly likely to be a deterrent. The paparazzi are here to stay.