IIB 

111TH CONGRESS 

1ST SESSION H. R. 2765 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2009 

Received; read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. RECOGNITION OF FOREIGN DEFAMATION 

2 JUDGMENTS. 

3 (a) IN GENERAL.—Part VI of title 28, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘CHAPTER 181—FOREIGN JUDGMENTS 

‘‘Sec. 

‘‘4101. Definitions. 

‘‘4102. Recognition of foreign defamation judgments. 

‘‘4103. Attorneys’ fees. 

6 ‘‘§ 4101. Definitions 

7 ‘‘In this chapter: 

8 ‘‘(1) DOMESTIC COURT.—The term ‘domestic 

9 court’ means a Federal court or a court of any 

10 State. 

11 ‘‘(2) FOREIGN COURT.—The term ‘foreign 

12 court’ means a court, administrative body, or other 

13 tribunal of a foreign country. 

14 ‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign 

15 judgment’ means a final judgment rendered by a 

16 foreign court. 

17 ‘‘(4) STATE.—The term ‘State’ means each of 

18 the several States, the District of Columbia, and any 

19 commonwealth, territory, or possession of the United 

20 States. 

21 ‘‘§ 4102. Recognition of foreign defamation judgments 

22 ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.—Not23 withstanding any other provision of Federal or State law, 


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1 a domestic court shall not recognize or enforce a foreign 

2 judgment for defamation whenever the party opposing rec3 ognition or enforcement of the judgment claims that the 

4 judgment is inconsistent with the first amendment to the 

5 Constitution of the United States, unless the domestic 

6 court determines that the judgment is consistent with the 

7 first amendment. The burden of establishing that the for8 eign judgment is consistent with the first amendment shall 

9 lie with the party seeking recognition or enforcement of 

10 the judgment. 

11 ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Notwith12 standing any other provision of Federal or State law, a 

13 domestic court shall not recognize or enforce a foreign 

14 judgment for defamation if the party opposing recognition 

15 or enforcement establishes that the exercise of personal 

16 jurisdiction over such party by the foreign court that ren17 dered the judgment failed to comport with the due process 

18 requirements imposed on domestic courts by the Constitu19 tion of the United States. 

20 ‘‘(c) JUDGMENT AGAINST PROVIDER OF INTER21 ACTIVE COMPUTER SERVICE.—Notwithstanding any other 

22 provision of Federal or State law, a domestic court shall 

23 not recognize or enforce a foreign judgment for defama24 tion against the provider of an interactive computer serv25 ice, as defined in section 230 of the Communications Act 


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1 of 1934 (47 U.S.C. 230), whenever the party opposing rec2 ognition or enforcement of the judgment claims that the 

3 judgment is inconsistent with such section 230, unless the 

4 domestic court determines that the judgment is consistent 

5 with such section 230. The burden of establishing that the 

6 foreign judgment is consistent with such section 230 shall 

7 lie with the party seeking recognition or enforcement of 

8 the judgment. 

9 ‘‘(d) APPEARANCES NOT A BAR.—An appearance by 

10 a party in a foreign court rendering a foreign judgment 

11 to which this section applies for the purpose of contesting 

12 the foreign court’s exercise of jurisdiction in the case, mov13 ing the foreign court to abstain from exercising jurisdic14 tion in the case, defending on the merits any claims 

15 brought before the foreign court, or for any other purpose, 

16 shall not deprive such party of the right to oppose the 

17 recognition or enforcement of the judgment under this sec18 tion. 

19 ‘‘§ 4103. Attorneys’ fees 

20 ‘‘In any action brought in a domestic court to enforce 

21 a foreign judgment for defamation, the court may allow 

22 the party opposing recognition or enforcement of the judg23 ment a reasonable attorney’s fee if such party prevails in 

24 the action on a ground specified in subsection (a), (b), 

25 or (c) of section 4102.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 for part VI of title 28, United States Code, is amended 

3 by adding at the end the following: 

‘‘181. Foreign Judgments ................................................................ 4101’’. 

Passed the House of Representatives June 15, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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