ARCHAIC LIBEL LAWS: A LETTER TO THE ECONOMIST (November 17, 2009)

As you argue, it is time to reform England’s archaic libel laws (“A City Named Sue,” November 14, 2009). The English law is, as you put it, one of the most claimant-friendly systems in the world, for it requires the defendant to prove what he or she said is true. By contrast, the strong free-speech defense provided by America’s first amendment puts the burden on the claimant. And this is where America still leads the world. It is thus time to reform many countries’ archaic libel laws, not just England’s. Central and Eastern Europe is a case in point. This is where a claimant-friendly libel law now serves the same function as censorship used to serve before the Iron Curtain supposedly fell. Unfortunately, only new dissidents in these countries are aware of the need for legal reform, for those in power use the archaic law to stifle all opposition. Before the general public throughout the region is sensitized to this crucial issue, defendant-friendly libel law will remain a pipedream. Just like America used to be a couple of decades ago.