Bachchan v. India Abroad Publications Inc.
Citation and Court
154 Misc. 2d 228 (N.Y. Sup. Ct. 1992)
Facts
Bachchan obtained a defamation judgment against India Abroad Publications in an English court. He then sought recognition and enforcement of that judgment in New York. The English proceeding had applied UK libel law, which places the burden on the defendant to prove truth and lacks the constitutional protections afforded by the First Amendment.
Issue
Whether a New York court should recognize and enforce an English defamation judgment obtained under UK libel law that is inconsistent with First Amendment protections.
Holding
The New York court refused to recognize the English judgment because enforcing it would be repugnant to New York’s — and the United States’ — strong public policy protecting free speech under the First Amendment.
Rule / Doctrine
Recognition of a foreign judgment will be denied when the judgment was rendered under a system that does not provide procedural safeguards compatible with due process, or when the judgment is repugnant to the public policy of the recognizing forum. UK defamation law, which places the burden on defendants to prove truth, is inconsistent with First Amendment standards.
Significance
Bachchan was an early and influential decision refusing enforcement of a foreign defamation judgment on First Amendment public policy grounds, spurring the eventual passage of the SPEECH Act (2010), which codified this protection federally.