the right to free speech under the First Amendment 
to the United States Constitution. 
(2) DAMAGES.—In addition to the remedy 
under paragraph (1), damages may be awarded to 
the United States person bringing the action under 
subsection (a), based on the following: 
(A) The amount of the foreign judgment. 
(B) The costs, including all legal fees, at-
tributable to the foreign lawsuit that have been 
borne by the United States person. 
(C) The harm caused to the United States 
person due to decreased opportunities to pub-
lish, conduct research, or generate funding. 
(d) TREBLE DAMAGES.—If, in an action brought 
under subsection (a), the fact finder determines by a pre-
ponderance of the evidence that the person or entity bring-
ing the foreign lawsuit at issue intentionally engaged in 
a scheme to suppress First Amendment rights by discour-
aging publishers or other media not to publish, or discour-
aging employers, contractors, donors, sponsors, or similar 
financial supporters not to employ, retain, or support, the 
research, writing, or other speech of a journalist, aca-
demic, commentator, expert, or other individual, the fact 
finder may award treble damages. 
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(e) EXPEDITED DISCOVERY.—Upon the filing of an 
action under subsection (a), the court may order expedited 
discovery if the court determines, based on the allegations 
in the complaint, that the speech at issue in the foreign 
defamation action is protected by the First Amendment 
to the United States Constitution. 
(f) VENUE.—An action under subsection (a) may be 
brought by a United States person only in a United States 
district court in which the United States person is domi-
ciled, does business, or owns real property that could be 
executed against in satisfaction of a judgment in the for-
eign defamation lawsuit giving rise to the action. 
(g) TIMING
OF
ACTION; STATUTE
OF
LIMITA-
TIONS.— 
(1) TIMING.—An action under subsection (a) 
may be commenced after the filing of the defamation 
lawsuit in a foreign country on which the action is 
based. 
(2) STATUTE OF LIMITATIONS.—For purposes 
of section 1658(a) of title 28, United States Code, 
the cause of action under subsection (a) accrues on 
the date on which the defamation lawsuit in a for-
eign country on which the cause of action is based 
is filed. 
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SEC. 4. APPLICABILITY. 
This Act applies with respect to any foreign lawsuit 
that is described in section 3(a) and is brought in the for-
eign country concerned before, on, or after the date of the 
enactment of this Act. 
SEC. 5. CONSTRUCTION. 
Nothing in this Act limits the right of foreign liti-
gants who bring good faith defamation actions to prevail 
against journalists, academics, commentators, and others 
who have failed to adhere to standards of professionalism 
by publishing false information maliciously or recklessly. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) DEFAMATION.—The term ‘‘defamation’’ 
means any action for defamation, libel, slander, or 
similar claim alleging that forms of speech are false 
or have caused damage to reputation. 
(2) FOREIGN
COUNTRY.—The term ‘‘foreign 
country’’ means any country other than the United 
States. 
(3) FOREIGN JUDGMENT.—The term ‘‘foreign 
judgment’’ means any judgment of a foreign coun-
try, including the court system of a foreign country, 
that grants or denies any form of relief, including 
injunctive relief and monetary damages, in a defa-
mation action. 
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(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States, the District of Co-
lumbia, and any commonwealth, territory, or posses-
sion of the United States. 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ includes a United States cit-
izen, an alien lawfully admitted for permanent resi-
dence to the United States, and a business entity 
lawfully doing business in the United States. 
Æ 
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