Connecticut Seal

General Assembly

File No. 651

    January Session, 2017

Senate Bill No. 1020

Senate, April 18, 2017

The Committee on Judiciary reported through SEN. DOYLE of the 9th Dist. and SEN. KISSEL of the 7th Dist., Chairpersons of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING THE ENFORCEMENT OF A DEFAMATION JUDGMENT ENTERED BY A COURT OUTSIDE OF THE UNITED STATES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2017) (a) As used in this section, (1) "foreign defamation judgment" means any defamation judgment, decree or order of a court of a foreign country which is entitled to full faith and credit in this state, and (2) "foreign country" means any country other than the United States, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

(b) Notwithstanding the provisions of chapters 861a and 928 of the general statutes, a foreign defamation judgment shall not be recognized in the court in which enforcement of the foreign defamation judgment is sought, unless the court first determines that the defamation law applied in a foreign country's court provided a defendant in the matter with the same or greater protections for freedom of speech and freedom of the press as would be provided by the first amendment to the United States Constitution and sections 4, 5 and 6 of article first of the Constitution of this state.

(c) For the purposes of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be recognized under subsection (b) of this section, a court of this state shall have personal jurisdiction over any person who obtains a foreign defamation judgment against a person or entity who: (1) Is a resident of this state; (2) has assets in this state; (3) is subject to the jurisdiction of this state; or (4) may have to take action in this state to comply with the judgment.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017

New section

JUD

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill establishes court procedure to recognize a foreign defamation judgement and does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

SB-1020

AN ACT CONCERNING THE ENFORCEMENT OF A DEFAMATION JUDGMENT ENTERED BY A COURT OUTSIDE OF THE UNITED STATES.

SUMMARY

This bill establishes the conditions under which a Connecticut court may recognize a foreign defamation judgment. In so doing, it affords a person subject to the enforcement of such a judgment the same or greater free speech and free press protections as do the U.S. Constitution and Connecticut constitution.

The bill also establishes the requirements needed for the court to have personal jurisdiction over such a matter.

Under the bill, a "foreign defamation judgment" is any defamation judgment, decree, or order of a court of a foreign country which is entitled to full faith and credit in Connecticut.

EFFECTIVE DATE: October 1, 2017

CONDITIONS FOR A COURT TO RECOGNIZE A FOREIGN DEFAMATION JUDGMENT

The bill requires the court in which enforcement of a foreign defamation judgment is sought to first determine that the defamation law applied in a foreign country's court provided a defendant in the matter with the same or greater protections for free speech and free press as are provided by the United States Constitution and the Connecticut constitution. Unless the court first makes this finding, a foreign defamation judgment must not be recognized, regardless of the provisions of the Uniform Foreign-Money Claims Act and the Uniform Enforcement of Foreign Judgments Act.

Under the bill, a "foreign country" is any country other than the United States, the Commonwealth of Puerto Rico, or any territory or insular possession subject to U.S. jurisdiction.

CONNECTICUT COURT'S JURISDICTION

Under the bill, to recognize a foreign defamation judgment and render declaratory relief with respect to someone's liability for such a judgment, a Connecticut court must have personal jurisdiction over any person who obtains a foreign defamation judgment against a person or entity who:

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

39

Nay

0

(03/31/2017)

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