“Libel Tourism”: Will the Court Take a Call?, 2 September 2023
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 2 September 2023
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Prof. Upendra Baxi examines the Supreme Court's consideration of anti-suit injunctions in defamation cases involving "libel tourism"—forum shopping across jurisdictions. A Singapore company sued Dr. Subramanian Swamy in Singapore courts over statements made in India about the Aircel-Maxis deal. The Madras High Court reversed a single judge's anti-suit injunction, prioritizing international comity over domestic justice. Baxi questions whether digital-age publication enables unrestricted global forum selection and suggests India follow England's 2013 Defamation Act reforms, including serious harm thresholds and single-publication rules. He notes the Bharatiya Nyaya Sanhita Bill retains robust defamation provisions, missing reform opportunities. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository