[WikiEN-l] Libel law

Tue Dec 6 20:50:23 UTC 2005

On 12/6/05, Kelly Martin <kelly.lynn.martin at gmail.com> wrote:
> The Wikimedia Foundation is not subject to the law of England or Wales
> (since it lacks a legal presence there), and a judgment found against
> the Foundation in that jurisdiction would be subject to a First
> Amendment analysis under United States law before enforcement might be
> had in the United States.  Such analysis would defeat most libel
> judgments based on English or Welsh law, rendering them unenforceable.
>  Furthermore, there are defenses in United States law that render the
> Foundation immune to defamations actions for the actions of its
> volunteer editors; those defenses would also be available in a hearing
> to determine whether to enforce a foreign judgment.
>
> It would be advisable for the Wikimedia Foundation to avoid
> establishing a legal presence within the jurisdiction of countries
> which lack adequate protections for free speech, however.

Hence the possibly forthcoming UK chapter would not be directly linked
to the WMF, even if its sole (?) purpose would be to finance WMF.

>From another point of view, the supposed lack of "freedom of speech"
laws (which isn't quite the case: it's just not as clearly stated as
in US law) would seem a Very Good Thing to us if we weren't at risk of
falling foul of the laws.

--
Sam