    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-223
    111th Congress

    An Act

    To amend title 28, United States Code, to prohibit recognition and
    enforcement of foreign defamation judgments and certain foreign
    judgments against the providers of interactive computer
    services. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <> SHORT TITLE.

    This Act may be cited as the ``Securing the Protection of our
    Enduring and Established Constitutional Heritage Act'' or the ``SPEECH
    Act''.
    SEC. 2. <> FINDINGS.

    Congress finds the following:
    (1) The freedom of speech and the press is enshrined in the
    first amendment to the Constitution, and is necessary to promote
    the vigorous dialogue necessary to shape public policy in a
    representative democracy.
    (2) Some persons are obstructing the free expression rights
    of United States authors and publishers, and in turn chilling
    the first amendment to the Constitution of the United States
    interest of the citizenry in receiving information on matters of
    importance, by seeking out foreign jurisdictions that do not
    provide the full extent of free-speech protections to authors
    and publishers that are available in the United States, and
    suing a United States author or publisher in that foreign
    jurisdiction.
    (3) These foreign defamation lawsuits not only suppress the
    free speech rights of the defendants to the suit, but inhibit
    other written speech that might otherwise have been written or
    published but for the fear of a foreign lawsuit.
    (4) The threat of the libel laws of some foreign countries
    is so dramatic that the United Nations Human Rights Committee
    examined the issue and indicated that in some instances the law
    of libel has served to discourage critical media reporting on
    matters of serious public interest, adversely affecting the
    ability of scholars and journalists to publish their work. The
    advent of the internet and the international distribution of
    foreign media also create the danger that one country's unduly
    restrictive libel law will affect freedom of expression
    worldwide on matters of valid public interest.
    (5) Governments and courts of foreign countries scattered
    around the world have failed to curtail this practice of
    permitting libel lawsuits against United States persons within
    their

    [[Page 2381]]

    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.

    ``Sec. 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,
    dishonor, 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,
    territory, or possession of the United States.
    ``(6) United states person.--The term `United States person'
    means--
    ``(A) a United States citizen;
    ``(B) an alien lawfully admitted for permanent
    residence 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
    primary location or place of operation in, the United
    States.
    ``Sec. 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

    [[Page 2382]]

    ``(B) even if the defamation law applied in the
    foreign court's adjudication did not provide as much
    protection for freedom of speech and press as the first
    amendment to the Constitution of the United States and
    the constitution and law of the State, the party
    opposing recognition or enforcement of that foreign
    judgment would have been found liable for defamation by
    a domestic court applying the first amendment to the
    Constitution of the United States and the constitution
    and law of the State in which the domestic court is
    located.
    ``(2) Burden of establishing application of defamation
    laws.--The party seeking recognition or enforcement of the
    foreign judgment shall bear the burden of making the showings
    required under subparagraph (A) or (B).

    ``(b) Jurisdictional 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 the exercise of personal jurisdiction by
    the foreign court comported with the due process requirements
    that are imposed on domestic courts by the Constitution of the
    United States.
    ``(2) Burden of establishing exercise of jurisdiction.--The
    party seeking recognition or enforcement of the foreign judgment
    shall bear the burden of making the showing that the foreign
    court's exercise of personal jurisdiction comported with the due
    process requirements that are imposed on domestic courts by the
    Constitution of the United States.

    ``(c) Judgment Against Provider of Interactive Computer Service.--
    ``(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 against the provider
    of an interactive computer service, as defined in section 230 of
    the Communications Act of 1934 (47 U.S.C. 230) unless the
    domestic court determines that the judgment would be consistent
    with section 230 if the information that is the subject of such
    judgment had been provided in the United States.
    ``(2) Burden of establishing consistency of judgment.--The
    party seeking recognition or enforcement of the foreign judgment
    shall bear the burden of establishing that the judgment is
    consistent with section 230.

    ``(d) Appearances Not a Bar.--An appearance by a party in a foreign
    court rendering a foreign judgment to which this section applies shall
    not deprive such party of the right to oppose the recognition or
    enforcement of the judgment under this section, or represent a waiver of
    any jurisdictional claims.
    ``(e) Rule of Construction.--Nothing in this section shall be
    construed to--
    ``(1) affect the enforceability of any foreign judgment
    other than a foreign judgment for defamation; or
    ``(2) limit the applicability of section 230 of the
    Communications Act of 1934 (47 U.S.C. 230) to causes of action
    for defamation.

    [[Page 2383]]

    ``Sec. 4103. Removal

    ``In addition to removal allowed under section 1441, any action
    brought in a State domestic court to enforce a foreign judgment for
    defamation in which--
    ``(1) any plaintiff is a citizen of a State different from
    any defendant;
    ``(2) any plaintiff is a foreign state or a citizen or
    subject of a foreign state and any defendant is a citizen of a
    State; or
    ``(3) any plaintiff is a citizen of a State and any
    defendant is a foreign state or citizen or subject of a foreign
    state,

    may be removed by any defendant to the district court of the United
    States for the district and division embracing the place where such
    action is pending without regard to the amount in controversy between
    the parties.
    ``Sec. 4104. Declaratory judgments

    ``(a) Cause of Action.--
    ``(1) In general.--Any United States person against whom a
    foreign judgment is entered on the basis of the content of any
    writing, utterance, or other speech by that person that has been
    published, may bring an action in district court, under section
    2201(a), for a declaration that the foreign judgment is
    repugnant to the Constitution or laws of the United States. For
    the purposes of this paragraph, a judgment is repugnant to the
    Constitution or laws of the United States if it would not be
    enforceable under section 4102 (a), (b), or (c).
    ``(2) Burden of establishing unenforceability of judgment.--
    The party bringing an action under paragraph (1) shall bear the
    burden of establishing that the foreign judgment would not be
    enforceable under section 4102 (a), (b), or (c).

    ``(b) Nationwide Service of Process.--Where an action under this
    section is brought in a district court of the United States, process may
    be served in the judicial district where the case is brought or any
    other judicial district of the United States where the defendant may be
    found, resides, has an agent, or transacts business.
    ``Sec. 4105. Attorneys' fees

    ``In any action brought in a domestic court to enforce a foreign
    judgment for defamation, including any such action removed from State
    court to Federal court, the domestic court shall, absent exceptional
    circumstances, allow the party opposing recognition or enforcement of
    the judgment a reasonable attorney's fee if such party prevails in the
    action on a ground specified in section 4102 (a), (b), or (c).''.
    (b) Sense of Congress.--It is the Sense of the Congress that for the
    purpose of pleading a cause of action for a declaratory judgment, a
    foreign judgment for defamation or any similar offense as described
    under chapter 181 of title 28, United States Code, (as added by this
    Act) shall constitute a case of actual controversy under section 2201(a)
    of title 28, United States Code.

    [[Page 2384]]

    (c) Technical and Conforming Amendment.--The table of chapters for
    part VI of title 28, United States Code, is amended by adding at the end
    the following:

    ``181. Foreign judgments........................................4101.''.

    Approved August 10, 2010.

    LEGISLATIVE HISTORY--H.R. 2765:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-154 (Comm. on the Judiciary).
    SENATE REPORTS: No. 111-224 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    June 15, considered and passed
    House.
    Vol. 156 (2010):
    July 19, considered and passed
    Senate, amended.
    July 27, House concurred in Senate
    amendment.