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Libel tourism in the context of press freedom

100%
Bogdańska O.
Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia
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2015
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vol. 22
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issue 1
EN
The phrase ‘libel tourism’ appeared for the first time in 1990, when a Hollywood star ArnoldSchwarzenegger sued American author Wendy Leigh for his unauthorized biography in an English court[Rayner 2010; Sanchez 2011]. A number of recent cases included wealthy libel tourists such as NicoleKidman, David Hasselhoff, Roman Polański, Jennifer Lopez, Marc Anthony, Britney Spears, Tiger Woodsand Cameron Diaz. Since 2005, the number of libel actions in the High Court has doubled, and in 2009, therewere 219 defamation cases issued; 34 of them were identified as having a “foreign connection” [Ministryof Justice, Report of the Libel Working Group]. In a short time, the widespread opinion has appeared thatLondon has become the “Libel Capital of the World” [London “The Times”, Be Reasonable; Carvajal,Britain, a Destination for ‘Libel Tourism’]. Through an extensive review of relevant case law and studiesI would like to draw attention to the problem of libel tourism which creates a chilling effect on press freedom.
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TRANSLATION IN LIBEL CASES: REPUTATIONS AT STAKE!

51%
Scott J., O'Shea J. A.
Comparative Legilinguistics
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2022
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vol. 50
123-179
EN
Abstract: In this paper we examine translation arising in court cases involving reputational damage. A diachronic and tightly focused cross-jurisdictional selection of examples from case law is used to highlight the range of ways in which translation can be employed, blamed, or relied upon by the parties and by the courts, and we glimpse how translations can be a source of libel, a defence against libel, or a gateway to libellous material, how crucial translation can be in protecting or damaging reputations, and how significantly it can affect a case’s outcome. We apply Engberg’s lens for communication in legal contexts, distinguishing micro, meso and macro occurrences of translation at publisher/business/individual, judicial, and State levels. Recurring translation-related topics either mooted by courts or arising in our analysis are then outlined, including: competing translations; translation techniques; translator identification; online translation; how the acceptance of jurisdiction may be influenced by translation requirements; and how judges approach decision-making when foreign language documents and translation are involved.
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