Amendment to SB3589-HB3300

by deleting all language after the enacting clause and by substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 26, Chapter 6, Part 1, is
amended by adding the following language as a new section:
Section 26-6-108.
(a) For the purposes of this section only, a “foreign defamation judgment”
shall mean any judgment for a cause of action equivalent or fundamentally
similar to an action for libel or slander that is rendered by a court or tribunal
outside the United States or its territories or possessions. This section shall not
apply to any judgment for defamation, slander or libel rendered by a federal court
or a court or tribunal in this or any other state of the United States, its territories
or possessions.
(b) In addition to any other defenses that may exist, no foreign defamation
judgment shall be authenticated, or execution issued upon, if:
(1) It is determined that the judgment was rendered by a judicial
system that does not provide impartial tribunals or procedures
substantially compatible with the requirements of due process of law
applicable to Tennessee courts;
(2) The court or tribunal issuing the foreign defamation judgment
did not have personal jurisdiction over the defendant in accordance with
the principles applicable under Tennessee law; or
(3) The court or tribunal issuing the foreign defamation judgment did not
have subject matter jurisdiction over the action.
(c) A foreign defamation judgment shall not be authenticated by any court of this
state until it is established by a preponderance of the evidence that the
defamation, libel or slander law applied in the foreign defamation court’s
jurisdiction provides the same or higher protection for freedom of speech and
press as would be provided under both the United States and Tennessee
Constitutions. If it is determined that the law in the foreign defamation
judgment’s jurisdiction provides such same or greater protection, then the court
may proceed to consider if the judgment may be authenticated as a foreign
judgment. If it is determined that the law in the foreign defamation judgment’s
jurisdiction does not provide such same or greater protection, or if no finding is
made on this point, then the court may not authenticate that foreign defamation
judgment and the same shall be void until such time as the court may make or
reverse its findings.
SECTION 2. Tennessee Code Annotated, Section 26-6-104, is amended by
adding the following language as a new, appropriately designated subsection:
( ) For the purpose 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 deemed non-recognizable under § 26-6-
108, this state's courts have personal jurisdiction over any person who obtains a
foreign defamation judgment against any person who:
(1) Is a resident of this state;
(2) Is a person or entity amenable to the jurisdiction of this state;
(3) Has assets in this state; or
(4) May have to take action in this state to comply with the foreign
defamation judgment.
SECTION 3. This act shall take effect on July 1, 2010, the public welfare
requiring it, and shall apply to foreign judgments filed for enforcement on or after July 1,
2010.