H.B. 96

1

LIBEL AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: Patricia W. Jones
6
7 LONG TITLE
8 General Description:
9 This bill limits the enforceability of foreign libel judgments.
10 Highlighted Provisions:
11 This bill:
12 . requires a libel judgment for damages meet certain standards before it can be
13 enforced in this state;
14 . provides that libel judgments obtained from courts which do not apply the same
15 protections regarding freedom of speech and press found in the United States and
16 Utah Constitutions are not recognizable in Utah courts; and
17 . specifies who the judgment applies to.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 78B-5-320, Utah Code Annotated 1953
25 78B-5-321, Utah Code Annotated 1953
26 78B-5-322, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 78B-5-320 is enacted to read:
30 Part 3a. Nonrecognition of Foreign Judgments
31 78B-5-320. Grounds for nonrecognition of libel judgments.
32 A judgment obtained in a foreign jurisdiction may be considered nonrecognizable and
33 unenforceable by the courts of this state if:
34 (1) the judgment was obtained in a jurisdiction outside the United States;
35 (2) the judgment resulted in a libel judgment for damages; and
36 (3) the court sitting in this state before which the matter is brought determines that the
37 libel law applied in the foreign court's adjudication process did not provide at least as much
38 protection for freedom of speech and press as would be provided by the United States
39 Constitution and the Utah Constitution.
40 Section 2. Section 78B-5-321 is enacted to read:
41 78B-5-321. Foreign libel judgment.
42 For the purposes of applying Title 78B, Chapter 5, Part 3, Utah Foreign Judgment Act,
43 to this part, the courts of this state may not make the determination in Section 78B-5-320
44 unless the person attempting to enforce the judgment submits to personal jurisdiction and the
45 person against whom the judgment is being enforced:
46 (1) is a resident of this state;
47 (2) is a person or entity amenable to the jurisdiction of this state;
48 (3) has assets in this state; or
49 (4) may be required to take action in this state to comply with the judgment.
50 Section 3. Section 78B-5-322 is enacted to read:
51 78B-5-322. Application.
52 This part applies to all foreign libel judgments filed for enforcement or recognition in
53 this state.




Legislative Review Note
as of 1-14-10 12:16 PM

Office of Legislative Research and General Counsel