I 

111TH CONGRESS 

1ST SESSION H. R. 2765 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2009 

Mr. COHEN (for himself, Mr. ISSA, Mr. CONYERS, Mr. NADLER of New York, 

Mr. FRANKS of Arizona, Ms. ZOE LOFGREN of California, Mr. COBLE, 

and Mr. POE of Texas) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. RECOGNITION OF FOREIGN DEFAMATION 

4 JUDGMENTS. 

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

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


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1 ‘‘CHAPTER 181—FOREIGN JUDGMENTS 

‘‘Sec. 

‘‘4101. Definitions. 

‘‘4102. Recognition of foreign defamation judgments. 

‘‘4103. Attorneys’ fees. 

2 ‘‘§ 4101. Definitions 

3 ‘‘In this chapter: 

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

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

6 State. 

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

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

9 tribunal of a foreign country. 

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

11 judgment’ means a final judgment rendered by a 

12 foreign court. 

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

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

15 commonwealth, territory, or possession of the United 

16 States. 

17 ‘‘§ 4102. Recognition of foreign defamation judgments 

18 ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.—Not19 withstanding any other provision of Federal or State law, 

20 a domestic court shall not recognize or enforce a foreign 

21 judgment for defamation whenever the party opposing rec22 ognition or enforcement of the judgment claims that the 

23 judgment is inconsistent with the first amendment to the 


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1 Constitution of the United States, unless the domestic 

2 court determines that the judgment is consistent with the 

3 first amendment. The burden of establishing that the for4 eign judgment is consistent with the first amendment shall 

5 lie with the party seeking recognition or enforcement of 

6 the judgment. 

7 ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Notwith8 standing any other provision of Federal or State law, a 

9 domestic court shall not recognize or enforce a foreign 

10 judgment for defamation if the party opposing recognition 

11 or enforcement establishes that the exercise of personal 

12 jurisdiction over such party by the foreign court that ren13 dered the judgment failed to comport with the due process 

14 requirements imposed on domestic courts by the Constitu15 tion of the United States. 

16 ‘‘(c) JUDGMENT AGAINST PROVIDER OF INTER17 ACTIVE COMPUTER SERVICE.—Notwithstanding any other 

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

19 not recognize or enforce a foreign judgment for defama20 tion against the provider of an interactive computer serv21 ice, as defined in section 230 of the Communications Act 

22 of 1934 (47 U.S.C. 230), whenever the party opposing rec23 ognition or enforcement of the judgment claims that the 

24 judgment is inconsistent with such section 230, unless the 

25 domestic court determines that the judgment is consistent 


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

2 foreign judgment is consistent with such section 230 shall 

3 lie with the party seeking recognition or enforcement of 

4 the judgment. 

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

6 a party in a foreign court rendering a foreign judgment 

7 to which this section applies for the purpose of contesting 

8 the foreign court’s exercise of jurisdiction in the case, mov9 ing the foreign court to abstain from exercising jurisdic10 tion in the case, defending on the merits any claims 

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

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

13 recognition or enforcement of the judgment under this sec14 tion. 

15 ‘‘§ 4103. Attorneys’ fees 

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

17 a foreign judgment for defamation, the court may allow 

18 the party opposing recognition or enforcement of the judg19 ment a reasonable attorney’s fee if such party prevails in 

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

21 or (c).’’. 

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

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

24 by adding at the end the following: 

‘‘181. Foreign judgments ................................................................. 4101.’’. 

Æ 


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