§4102 Recognition of Foreign Defamation Judgments

Summary

A U.S. court must not accept or force payment on a foreign defamation judgment unless the court is sure of two things. First, the foreign case used speech protections at least as strong as the U.S. Constitution and the state law where the U.S. court sits, or, even if it did not, a U.S. court applying those U.S. rules still would have found the person liable. Second, the foreign court must have had proper authority over the person in a way that meets U.S. due‑process rules. The person trying to enforce the foreign judgment has to prove these things. A U.S. court also must not enforce a foreign defamation judgment against an online service provider unless the judgment would fit with Section 230 of the Communications Act as if the content were in the United States; the enforcer must prove that. Showing up in the foreign case does not stop someone from later challenging recognition or jurisdiction. This only applies to defamation judgments and does not change other judgments or Section 230’s reach.