Republication of Foreign Government Statements: The Fair Report Privilege in U.S. Libel Law Reexamined

Whether news reports concerning foreign government proceedings enjoy the same level of protection from tortious liability as reports concerning domestic government proceedings is a question of great consequence for media in the United States, especially given the ever-increasing globalization of political and economic affairs. A growing number of libel cases generated by international journalism based in documents and meetings of government officials in other nations are testing the well-established fair report privilege in state and federal courts. This article, after analyzing the history, cases and commentary on the subject, concludes by recommending a liberal privilege for such reporting.