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 recogni-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. 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. Attorneys’ fees. 
‘‘§ 4101. Definitions 
‘‘In this chapter: 
‘‘(1) DOMESTIC
COURT.—The term ‘domestic 
court’ means a Federal court or a court of any 
State. 
‘‘(2) FOREIGN
COURT.—The term ‘foreign 
court’ means a court, administrative body, or other 
tribunal of a foreign country. 
‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign 
judgment’ means a final judgment rendered by a 
foreign court. 
‘‘(4) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States. 
‘‘§ 4102. Recognition of foreign defamation judgments 
‘‘(a) FIRST AMENDMENT CONSIDERATIONS.—Not-
withstanding any other provision of Federal or State law, 
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a domestic court shall not recognize or enforce a foreign 
judgment for defamation whenever the party opposing rec-
ognition or enforcement of the judgment claims that the 
judgment is inconsistent with the first amendment to the 
Constitution of the United States, unless the domestic 
court determines that the judgment is consistent with the 
first amendment. The burden of establishing that the for-
eign judgment is consistent with the first amendment shall 
lie with the party seeking recognition or enforcement of 
the judgment. 
‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Notwith-
standing any other provision of Federal or State law, a 
domestic court shall not recognize or enforce a foreign 
judgment for defamation if the party opposing recognition 
or enforcement establishes that the exercise of personal 
jurisdiction over such party by the foreign court that ren-
dered the judgment failed to comport with the due process 
requirements imposed on domestic courts by the Constitu-
tion of the United States. 
‘‘(c) JUDGMENT AGAINST PROVIDER
OF INTER-
ACTIVE COMPUTER SERVICE.—Notwithstanding any other 
provision of Federal or State law, a domestic court shall 
not recognize or enforce a foreign judgment for defama-
tion against the provider of an interactive computer serv-
ice, as defined in section 230 of the Communications Act 
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of 1934 (47 U.S.C. 230), whenever the party opposing rec-
ognition or enforcement of the judgment claims that the 
judgment is inconsistent with such section 230, unless the 
domestic court determines that the judgment is consistent 
with such section 230. The burden of establishing that the 
foreign judgment is consistent with such section 230 shall 
lie with the party seeking recognition or enforcement of 
the judgment. 
‘‘(d) APPEARANCES NOT A BAR.—An appearance by 
a party in a foreign court rendering a foreign judgment 
to which this section applies for the purpose of contesting 
the foreign court’s exercise of jurisdiction in the case, mov-
ing the foreign court to abstain from exercising jurisdic-
tion in the case, defending on the merits any claims 
brought before the foreign court, or for any other purpose, 
shall not deprive such party of the right to oppose the 
recognition or enforcement of the judgment under this sec-
tion. 
‘‘§ 4103. Attorneys’ fees 
‘‘In any action brought in a domestic court to enforce 
a foreign judgment for defamation, the court may allow 
the party opposing recognition or enforcement of the judg-
ment a reasonable attorney’s fee if such party prevails in 
the action on a ground specified in subsection (a), (b), 
or (c) of section 4102.’’. 
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(b) CLERICAL 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’’. 
Passed the House of Representatives June 15, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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