Out-Law News 1 min. read

Boxing promoter sues for internet libel


Don King, the US boxing promoter, has been given the go ahead by an English court to sue heavyweight champion Lennox Lewis, a boxing promotion company and Lewis's lawyer, for comments reported on US boxing web sites. King is alleging that the comments made were defamatory.

The court approved the bringing of the claim despite arguments that the action should have been brought in the US.

The origins of the case relate to an action brought by Lewis and boxing promotion company Lion Promotions against Don King, Mike Tyson and others over a re-match between the two heavyweight fighters.

Judd Burstein, the US lawyer representing Lewis and Lion Promotions in the action against King and Tyson, is a proactive figure, and in the course of two interviews for US boxing web sites boxingtalk.com and fightnews.com was asked about comments made by King calling Burstein a "shyster lawyer".

According to the court report, Burstein called the remark "anti-semitic" and proceeded to detail other examples of what he called "bigotry". The remarks were then published in articles on the respective web sites.

King sued in the UK, where the defamation laws are less restrained by principles of free speech. In a preliminary hearing, Burstein, Lewis and Lion Promotions asked that the action be dismissed, on the grounds that the court did not have jurisdiction.

Mr Justice Eady refused, on the grounds that "publication is regarded as taking place where the defamatory words are published in the sense of being heard or read".

In this case, said Justice Eady, the law "currently regards the publication of an internet posting as taking place when it is down-loaded".

King was entitled to rely on a presumption that the court in which the case should be heard is one in the jurisdiction where the libel actually occurred, said Eady. In addition he commented:

"the law regards it as giving a 'significant dimension' to a case if the relevant claimant has a reputation to protect specifically in England. Also, where it is sought to protect a reputation within England and Wales, the courts of this jurisdiction would appear to be the natural forum for achieving vindication and assessing compensation."

Justice Eady found that Don King had "a substantial reputation in England, and indeed has made frequent appearances on television, radio and through the other media."

Accordingly the action could go ahead, despite the majority of the parties being US-based. However the action can only cover the damage to King's reputation within England and Wales.

King welcomed the ruling, telling Boxingtalk:

"This is a big victory, I am thrilled that my trial will be moving forward in the UK where I will defend my good name and reputation against these accusations of me being an unrepentant anti-Semite. Those remarks really hurt me, and I look forward to this trial because the truth will come out!"

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