False havens: assessing new developments in the libel tourism debate

Abstract

ABSTRACT Libel tourism is the phenomenon whereby litigants issue libel claims in inappropriate fora in order to avail themselves of the pro-claimant laws therein. For years, London held the reputation as the global capital for libel tourism. However, following controversy in this area in the 2000s and passage of both the US SPEECH Act and Defamation Act 2013, the debate surrounding the libel tourism has taken several new directions. Many commentators now wonder whether libel tourists, deprived of a haven in London, will flock to fora with more pro-claimant regimes. Others go further, suggesting that libel tourism has the potential to flare up once more in England and that the 2013 Act leaves the door open to libel tourists. Some scholars have even asserted that such is the danger, an international convention must be established to ensure that the blight of libel tourism is finally slain. This article investigates how realistic and desirable these new developments in the debate are.