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Union Calendar No. 77 

111TH CONGRESS 

1ST SESSION H. R. 2765 

[Report No. 111–154] 

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 

JUNE 15, 2009 

Additional sponsors: Ms. JACKSON-LEE of Texas, Mr. SHERMAN, Mr. 

JOHNSON of Georgia, and Mr. MAFFEI

JUNE 15, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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. 

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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: 

7 ‘‘CHAPTER 181—FOREIGN JUDGMENTS 

‘‘Sec. 

‘‘4101. Definitions. 

‘‘4102. Recognition of foreign defamation judgments. 

‘‘4103. Attorneys’ fees. 

8 ‘‘§ 4101. Definitions 

9 ‘‘In this chapter: 

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

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

12 State. 

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

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

15 tribunal of a foreign country. 

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

17 judgment’ means a final judgment rendered by a 

18 foreign court. 

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

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

21 commonwealth, territory, or possession of the United 

22 States. 

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1 ‘‘§ 4102. Recognition of foreign defamation judgments 

2 ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.—Not3 withstanding any other provision of Federal or State law, 

4 a domestic court shall not recognize or enforce a foreign 

5 judgment for defamation whenever the party opposing rec6 ognition or enforcement of the judgment claims that the 

7 judgment is inconsistent with the first amendment to the 

8 Constitution of the United States, unless the domestic 

9 court determines that the judgment is consistent with the 

10 first amendment. The burden of establishing that the for11 eign judgment is consistent with the first amendment shall 

12 lie with the party seeking recognition or enforcement of 

13 the judgment. 

14 ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Notwith15 standing any other provision of Federal or State law, a 

16 domestic court shall not recognize or enforce a foreign 

17 judgment for defamation if the party opposing recognition 

18 or enforcement establishes that the exercise of personal 

19 jurisdiction over such party by the foreign court that ren20 dered the judgment failed to comport with the due process 

21 requirements imposed on domestic courts by the Constitu22 tion of the United States. 

23 ‘‘(c) JUDGMENT AGAINST PROVIDER OF INTER24 ACTIVE COMPUTER SERVICE.—Notwithstanding any other 

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

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1 tion against the provider of an interactive computer serv2 ice, as defined in section 230 of the Communications Act 

3 of 1934 (47 U.S.C. 230), whenever the party opposing rec4 ognition or enforcement of the judgment claims that the 

5 judgment is inconsistent with such section 230, unless the 

6 domestic court determines that the judgment is consistent 

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

8 foreign judgment is consistent with such section 230 shall 

9 lie with the party seeking recognition or enforcement of 

10 the judgment. 

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

12 a party in a foreign court rendering a foreign judgment 

13 to which this section applies for the purpose of contesting 

14 the foreign court’s exercise of jurisdiction in the case, mov15 ing the foreign court to abstain from exercising jurisdic16 tion in the case, defending on the merits any claims 

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

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

19 recognition or enforcement of the judgment under this sec20 tion. 

21 ‘‘§ 4103. Attorneys’ fees 

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

23 a foreign judgment for defamation, the court may allow 

24 the party opposing recognition or enforcement of the judg25 ment a reasonable attorney’s fee if such party prevails in 

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

2 or (c).’’. 

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

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

5 by adding at the end the following: 

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

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Union Calendar No. 77 

111TH CONGRESS 

1ST SESSION H. R. 2765 

[Report No. 111–154] 

A BILL 

To amend title 28, United States Code, to prohibit 

services. against the providers of interactive computer tion judgments and certain foreign judgments recognition and enforcement of foreign defamaJUNE 15, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

mstockstill on PROD1PC66 with BILLS