---
kind: "section"
citation: "28 U.S.C. § 4102"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "4102"
heading: "Recognition of foreign defamation judgments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/4102"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 181 — Foreign Judgments"
---

# §4102. Recognition of foreign defamation judgments

- (a) **First Amendment Considerations.—**
  - (1) **In general.—** Notwithstanding any other provision of Federal or [State](/usc/28/3002.md?p=14) law, a [domestic court](/usc/28/4101.md?p=2) shall not recognize or enforce a [foreign judgment](/usc/28/4101.md?p=4) for [defamation](/usc/28/4101.md?p=1) unless the [domestic court](/usc/28/4101.md?p=2) determines that—
    - (A) the [defamation](/usc/28/4101.md?p=1) law applied in the [foreign court](/usc/28/4101.md?p=3)’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the [United States](/usc/28/3002.md?p=15) and by the constitution and law of the [State](/usc/28/3002.md?p=14) in which the [domestic court](/usc/28/4101.md?p=2) is located; or
    - (B) even if the [defamation](/usc/28/4101.md?p=1) law applied in the [foreign court](/usc/28/4101.md?p=3)’s adjudication did not provide as much protection for freedom of speech and press as the first amendment to the Constitution of the [United States](/usc/28/3002.md?p=15) and the constitution and law of the [State](/usc/28/3002.md?p=14), the party opposing recognition or enforcement of that [foreign judgment](/usc/28/4101.md?p=4) would have been found liable for [defamation](/usc/28/4101.md?p=1) by a [domestic court](/usc/28/4101.md?p=2) applying the first amendment to the Constitution of the [United States](/usc/28/3002.md?p=15) and the constitution and law of the [State](/usc/28/3002.md?p=14) in which the [domestic court](/usc/28/4101.md?p=2) is located.
  - (2) **Burden of establishing application of defamation laws.—** The party seeking recognition or enforcement of the [foreign judgment](/usc/28/4101.md?p=4) shall bear the burden of making the showings required under subparagraph (A) or (B).
- (b) **Jurisdictional Considerations.—**
  - (1) **In general.—** Notwithstanding any other provision of Federal or [State](/usc/28/3002.md?p=14) law, a [domestic court](/usc/28/4101.md?p=2) shall not recognize or enforce a [foreign judgment](/usc/28/4101.md?p=4) for [defamation](/usc/28/4101.md?p=1) unless the [domestic court](/usc/28/4101.md?p=2) determines that the exercise of personal jurisdiction by the [foreign court](/usc/28/4101.md?p=3) comported with the due process requirements that are imposed on [domestic courts](/usc/28/4101.md?p=2) by the Constitution of the [United States](/usc/28/3002.md?p=15).
  - (2) **Burden of establishing exercise of jurisdiction.—** The party seeking recognition or enforcement of the [foreign judgment](/usc/28/4101.md?p=4) shall bear the burden of making the showing that the [foreign court](/usc/28/4101.md?p=3)’s exercise of personal jurisdiction comported with the due process requirements that are imposed on [domestic courts](/usc/28/4101.md?p=2) by the Constitution of the [United States](/usc/28/3002.md?p=15).
- (c) **Judgment Against Provider of Interactive Computer Service.—**
  - (1) **In general.—** Notwithstanding any other provision of Federal or [State](/usc/28/3002.md?p=14) law, a [domestic court](/usc/28/4101.md?p=2) shall not recognize or enforce a [foreign judgment](/usc/28/4101.md?p=4) for [defamation](/usc/28/4101.md?p=1) against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 ([47 U.S.C. 230](/usc/47/230.md)) unless the [domestic court](/usc/28/4101.md?p=2) determines that the [judgment](/usc/28/3002.md?p=8) would be consistent with [section 230](/usc/47/230.md) if the information that is the subject of such [judgment](/usc/28/3002.md?p=8) had been provided in the [United States](/usc/28/3002.md?p=15).
  - (2) **Burden of establishing consistency of judgment.—** The party seeking recognition or enforcement of the [foreign judgment](/usc/28/4101.md?p=4) shall bear the burden of establishing that the [judgment](/usc/28/3002.md?p=8) is consistent with section 230.
- (d) **Appearances Not a Bar.—** An appearance by a party in a [foreign court](/usc/28/4101.md?p=3) rendering a [foreign judgment](/usc/28/4101.md?p=4) to which this section applies shall not deprive such party of the right to oppose the recognition or enforcement of the [judgment](/usc/28/3002.md?p=8) under this section, or represent a waiver of any jurisdictional claims.
- (e) **Rule of Construction.—** Nothing in this section shall be construed to—
  - (1) affect the enforceability of any [foreign judgment](/usc/28/4101.md?p=4) other than a [foreign judgment](/usc/28/4101.md?p=4) for [defamation](/usc/28/4101.md?p=1); or
  - (2) limit the applicability of section 230 of the Communications Act of 1934 ([47 U.S.C. 230](/usc/47/230.md)) to causes of action for [defamation](/usc/28/4101.md?p=1).

## Source credit

(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2381.)