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28 U.S.C. § 4102 — Recognition of foreign defamation judgments
Federal law — U.S. Code and appendices · legal_authorities
**(a) First Amendment Considerations.—**
(1) **In general.—** — Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that—
(A) the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the United States and by the constitution and law of the State in which the domestic court is located; or
(B) even if the defamation law applied in the foreign court’s adjudication did not provide as much protection for freedom of speech and press as the first amendment to the Constitution of the United States and the constitution and law of the State, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the first amendment to the Constitution of the United States and the constitution and law of the State in which the domestic court is located.
(2) **Burden of establishing application of defamation laws.—** — The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showings required under subparagraph (A) or (B).
**(b) Jurisdictional Considerations.—**
(1) **In general.—** — Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States.
(2) **Burden of establishing exe
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Source location: Title 28, Chapter 181, § 4102; chapter-181-foreign-judgments.md
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**(a) First Amendment Considerations.—**
(1) **In general.—** — Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that—
(A) the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the United States and by the constitution and law of the State in which the domestic court is located; or
(B) even if the defamation law applied in the foreign court’s adjudication did not provide as much protection for freedom of speech and press as the first amendment to the Constitution of the United States and the constitution and law of the State, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the first amendment to the Constitution of the United States and the constitution and law of the State in which the domestic court is located.
(2) **Burden of establishing application of defamation laws.—** — The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showings required under subparagraph (A) or (B).
**(b) Jurisdictional Considerations.—**
(1) **In general.—** — Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States.
(2) **Burden of establishing exercise of jurisdiction.—** — The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showing that the foreign court’s exercise of personal jurisdiction comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States.
**(c) Judgment Against Provider of Interactive Computer Service.—**
(1) **In general.—** — Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 ([47 U.S.C. 230](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section230&num=0&edition=prelim)) unless the domestic court determines that the judgment would be consistent with section 230 if the information that is the subject of such judgment had been provided in the United States.
(2) **Burden of establishing consistency of judgment.—** — The party seeking recognition or enforcement of the foreign judgment shall bear the burden of establishing that the judgment is consistent with section 230.
**(d) Appearances Not a Bar.—** An appearance by a party in a foreign court rendering a foreign judgment to which this section applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this section, or represent a waiver of any jurisdictional claims.
**(e) Rule of Construction.—** Nothing in this section shall be construed to—
(1) affect the enforceability of any foreign judgment other than a foreign judgment for defamation; or
(2) limit the applicability of section 230 of the Communications Act of 1934 ([47 U.S.C. 230](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section230&num=0&edition=prelim)) to causes of action for defamation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
(2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
(4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
**(b) Policy** It is the policy of the United States—
(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 230
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Federal law — U.S. Code and appendices · legal_authorities
Page 672
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 4101
1 So in original. Does not conform to section catchline.
fered by the transferee as a result of the failure
to notify.
(g) DETERMINATION OF DISPUTES AND CLAIMS.—
Any dispute concerning the application of sub-
sections (a) through (f) shall be determined by
an action in United States district court, and
the court in its discretion may allow the recov-
ery of full costs by or against any party and
may also award a reasonable attorney’s fee to
the prevailing party as part of the costs.
(h) STUDY.—The Comptroller General, in con-
sultation with the Register of Copyrights, shall
conduct a study of the conditions in the motion
picture industry that gave rise to this section,
and the impact of this section on the motion
picture industry. The Comptroller General shall
report the findings of the study to the Congress
within 2 years after the effective date of this
chapter.
(Added Pub. L. 105–304, title IV, § 406(a), Oct. 28,
1998, 112 Stat. 2903.)
Statutory Notes and Related Subsidiaries
REFERENCES IN TEXT
The effective date of this chapter, referred to in sub-
secs. (a) and (h), is Oct. 28, 1998. See Effective Date of
1998 Amendment note set out under section 108 of Title
17, Copyrights.
CHAPTER 181—FOREIGN JUDGMENTS
Sec.
4101.
Definitions.
4102.
Recognition of foreign defamation judgments.
4103.
Removal.
4104.
Declaratory judgments.
4105.
Attorney’s fees.1
§ 4101. Definitions
In this chapter:
(1) DEFAMATION.—The term ‘‘defamation’’
means any action or other proceeding for defa-
mation, libel, slander, or similar claim alleg-
ing that forms of speech are false, have caused
damage to reputation or emotional distress,
have presented any person in a false light, or
have resulted in criti
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 4102
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Federal law — U.S. Code and appendices · legal_authorities
Page 89
TITLE 47—TELECOMMUNICATIONS
§ 230
and shall order a common carrier to modify any
such policy or procedure that the Commission
determines does not comply with Commission
regulations. The Commission shall conduct such
investigations as may be necessary to insure
compliance by common carriers with the re-
quirements of the regulations prescribed under
this section.
(d) Penalties
For purposes of this chapter, a violation by an
officer or employee of any policy or procedure
adopted by a common carrier pursuant to sub-
section (b), or of a rule prescribed by the Com-
mission pursuant to subsection (a), shall be con-
sidered to be a violation by the carrier of a rule
prescribed by the Commission pursuant to this
chapter.
(e) Cost recovery for Communications Assistance
for Law Enforcement Act compliance
(1) Petitions authorized
A common carrier may petition the Commis-
sion to adjust charges, practices, classifica-
tions, and regulations to recover costs ex-
pended for making modifications to equip-
ment, facilities, or services pursuant to the re-
quirements of section 103 of the Communica-
tions Assistance for Law Enforcement Act [47
U.S.C. 1002].
(2) Commission authority
The Commission may grant, with or without
modification, a petition under paragraph (1) if
the Commission determines that such costs
are reasonable and that permitting recovery is
consistent with the public interest. The Com-
mission may, consistent with maintaining just
and reasonable charges, practices, classifica-
tions, and regulations in connection with the
provision of interstate or foreign communica-
tion by wire or radio by a common carrier,
allow carriers to adjust such charges, prac-
tices, classifications, and regulations in order
to carry out the purposes of this
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 230
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