Oklahoma § 12-718A - Foreign defamation judgments

§ 12-718A. Foreign defamation judgments

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

Oklahoma Statutes - Title 12. Civil Procedure

United States, an American Indian tribe recognized by the United

States, or one of the United States territories or possessions.

B. In addition to any other defenses that may exist, no foreign

defamation judgment shall be recognized or enforced if:

1. It is determined by a court of this state 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 courts of this

state;

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 Oklahoma 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 recognized 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 Oklahoma Constitutions.

If it is determined that the law in the foreign defamation

judgment's jurisdiction provides the same or greater protection,

then the court may proceed to consider if the judgment shall be

recognized as a foreign judgment. If it is determined that the law

in the foreign defamation judgment's jurisdiction does not provide

the same or greater protection, or if no finding is made on this

point, then the court shall not recognize or enforce the foreign

defamation judgment and the judgment shall be void.

D. 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

nonrecognizable, 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.

E. This section shall apply to foreign defamation judgments

filed for enforcement on or after November 1, 2013.

Added by Laws 2013, c. 272, § 1, eff. Nov. 1, 2013.