Thanks to the Internet, universal access to the printed word and economic globalization, the 21st century is expected to be shaped by the free exchange of ideas. But casting a shadow over this optimistic prediction is the emerging threat of "libel tourism."
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Until this case came along, American authors and publishers thought that unless their books were actually published in Britain, they would not be subject to its rather draconian libel laws, which put the burden of proof on the defendant rather than the plaintiff as American laws do, and greatly restrict what information writers can present as evidence in their defense. Now it appears that wealthy and powerful people who object to a book can simply find a country with sympathetic laws, have a book shipped there and sue.
Bin Mahfouz has a history of challenging those who have accused him of links to terrorism. He has sued or threatened to sue a series of publications and has instituted legal action in the cases of at least four different books. He has won many of these cases by default or through settlements, because authors often cannot marshal the resources to defend themselves. Ehrenfeld herself lost by default, and is relying on the hope that bin Mahfouz's judgment will not be enforced in the United States.
