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that the United States will bend its constitutional precepts. The only realistic
prospect of international convergence of libel law is among the nations
adhering to the jurisdiction of the European Court of Human Rights.
117
In a sense all media with Internet editions are international. Their
stories are instantly available around the globe. Only a few, however, are
truly international media. Those are the ones that intentionally operate in
more than one country. The prospect for the foreseeable future is that
defending libel suits in foreign courts will become an increasing but
foreseeable cost for truly international media. Other media that have Internet
editions but no physical presence internationally are unlikely to have
difficulties. Serving of process is too difficult. American-based international
media will continue to be able to halt execution of judgment on their United
States assets. That is a competitive advantage for American companies
because media enterprises generally have few assets outside their home base.
That advantage may force other nations to adopt more media-friendly laws.
117
Decisions of the European Court of Human Rights become part of the domestic law of those nations
adhering to the European Convention on Human Rights.
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