Singer Jennifer Lopez is taking on the National Enquirer in Irish and U.K. courts, one of a growing number of celebrities who have sought access to stricter British libel laws.
The 36-year-old Lopez, better known as J.Lo, has started legal proceedings against the Enquirer in Belfast and is planning cases in Dublin and London over a March 12 story linking her to a drug scandal. The suit is the latest to ensnare Lantana, Florida- based American Media Inc., which is owned by Roger Altman’s Evercore Partners Inc. and Thomas H. Lee Partners LP.
Britney Spears, 25, last year won an apology from the Enquirer in a case which critics said highlighted the trend of celebrities turning to the U.K. and Irish courts. Kate Hudson, 28, and Cameron Diaz, 34, have won similar cases in the past year, as the Internet erases judicial borders for media companies, leaving them open to lawsuits around the world.
“These people are global superstars, with international reputations,” Paul Tweed, a lawyer at Johnsons Solicitors who represents both Lopez and Spears, said in an interview at his Belfast office. “They have the same right as any other individual to seek vindication in any jurisdiction where their reputation is established.”
Spears and Hudson brought cases which involved the U.K. editions of the Enquirer. Diaz in February received an apology in London for a story that appeared on the magazine’s Web site, claiming that the actress had been unfaithful to her former boyfriend Justin Timberlake.
Absence of Malice
“There is no doubt that English libel law tends to favor individual reputation over free speech,” said lawyer Floyd Abrams, the author of “Speaking Freely: Trials of the First Amendment.” “Defamation awards tend to be higher in the U.S., but it’s much easier to win a case in the U.K.”
While the 14 U.S. libel trials last year were the fewest since 1980, according to the Media Law Resource Center, stars are being drawn by London and Belfast courts, which don’t demand evidence of malice in defamation cases, unlike their American counterparts.
“U.S. celebrities are taking advantage of our friendlier courts,” said Niri Shan of the London-based law firm Taylor Wessing, who represents the Enquirer.
There were 20 celebrity-versus-newspaper court cases filed in the U.K. in the 12 months through May 2006, up from nine a year earlier, according to data from Sweet & Maxell, a London- based legal publisher that tracks cases.
“This is outrageous,” Shan said. “It’s contrary to free speech. They should sue where the substantive publication is.”
The Enquirer is one of 16 magazines, including the Weekly World News and the Star, controlled by American Media, which was purchased by Evercore in 1999. Boston-based Thomas H. Lee bought its stake in 2003.
Liberace Case
U.K. courts have traditionally been a friendlier venue for aggrieved celebrities. As far back as 1959, Liberace, the U.S. pianist, successfully sued the London-based Daily Mirror for implying he was gay after describing him, in part, as a “fruit- flavored, mincing, ice-covered heap of mother love.”
“Celebrities and others from the U.S. suing in the U.K. is something that’s been with us for a while, it’s significant, and it’s not going away,” said Dan Tench, a media lawyer at London- based law firm Olswang. “We’ll see more cases revolving around allegations made on U.S. Web sites.”
The spread of U.K. editions of gossip magazines and the Internet is fueling the trend. J.Lo’s case follows that of Spears last year, when Tweed won an apology from the National Enquirer for alleging the singer’s marriage to Kevin Federline was in trouble. The couple filed for divorce about four months later.
Dropped Proceedings
Following the breakup, Tweed dropped proceedings against publications that had yet to apologize for making allegations about the state of Spears’s marriage.
“It’s the fault of the way the law works here,” said Shan. “U.K. libel law should be reformed.”
U.S. media companies say foreign courts aren’t the most appropriate place to hear a case, as they seek to limit the spread of such claims.
“If there’s a sufficient amount of liability that is proven and they have to pay out enough of these things enough times it will hurt their profitability,” said Hal Vogel, an independent media analyst in New York. “If there’s a slew of lawsuits that they lose, the damage to the reputation of the publication could be substantial.”
Altman
A former deputy treasury secretary for President Bill Clinton, Altman founded New York-based Evercore in 1996 after leaving the administration. Altman was previously co-head of investment banking at Lehman Brothers Holdings Inc. and a vice chairman at New York-based Blackstone Group LP.
Evercore has advised clients on 19 deals announced this year valued at $67 billion, 27th among Wall Street investment banks, according to Bloomberg data. Kenny Juarez, an outside spokesman for Evercore, declined to comment. Matt Benson, an outside spokesman for Thomas H. Lee, referred questions to American Media.
“We have a full-time legal department that’s dedicated to reviewing copy,” according to Michael Antonello, the acting head of American Media’s legal department, who said the magazine’s U.S. Web site isn’t available to British browsers. “While we get threatened a lot, we don’t get sued a lot.”
Actress Kate Hudson a year ago won an apology and undisclosed damages after the magazine in October 2005 said she was unhealthily thin. In the Spears case, the Enquirer published the apology only in its U.K. edition.
Reversing the Internet
“With the World Wide Web, the jurisdiction of the court is no longer as significant, given that any apology will be published internationally, instantly,” Tweed, 52, said. “It’s about reversing the power of the Internet.”
Since the Spears case, Tweed said he has been contacted by as many as 10 celebrities about possible cases.
Damage awards in Belfast and Dublin tend to be higher than London, Tweed said, citing a 25,000 pound ($49,700) award in February against a Northern Irish newspaper after a jury decided a restaurant review was defamatory.
While U.K. courts tend to award less damages than U.S. juries, for many celebrities, that isn’t an issue.
“A prompt categorical retraction and apology are the primary objective for these individuals,” said Tweed. “Not necessarily damages.”
