Suing American Media in Foreign Courts: Doing and End-Run around U.S. Libel Law

The ever-expanding transnational operations of the American media have resulted in a growing number of libel suits filed against the media in foreign countries. A 'small but disturbing and growing trend' among libel plaintiffs to sue American media abroad is illustrated in Bachchan v. India Abroad Publications, Inc. In the context of the significant implications of the growing number of cross-boarder libel suits against American media in foreign courts and particularly in English courts, this Article examines four questions: (1) What are the similarities and differences, if any, between American and English libel laws?; (2) How have libel cases been adjudicated against American media in foreign courts?; (3) What have been the legal rationale and policies underlying libel suits against American media in foreign countries? and (4) What implications do extraterritorial libel suits hold for the American press?