CINEMA DOWN MEMORY LANE 51ST ANNUAL GRAMMY AWARDS NewsNews IndiaIndia TimesTimes Suchitra Sen as Paro left, and Dilip Kumar as Devdas in the From left, Jay-Z, Lil Wayne, Kanye West and M.I.A, perform at 1955 version of the film ‘Devdas’, directed by Bimal Roy. the 51st annual Grammy Awards on February 8. (Photo: Reuters) All About Issues and Achievements ‘Devdas’, the immortal novel of Sarat Chandra South Asia connection at the Grammy’s; one win and four Published Weekly • 60 Cents • Founded in 1975 Chatterjee written in 1917 has had an immense nominations. Nine-month pregnant M.I.A on stage on her Vol. XXXX No. 8 New York Friday, February 20, 2009 impact on Indian cinema. — PAGE 16 due date. — PAGE 15 ON THE HILL SPECIALS Grants & Schollarshiips Fulbright fellowships for 2010 - 2011; application deadline, October 20. RReemmeemmbbeerriinngg —PAGE 12 Giiviing ppiioonneeeerriinngg The Asian University for Women, located in Chittagong, Bangladesh aims to educate ppuubblliisshheerr women from diverse cultures and socio-economic GGooppaall RRaajjuu backgrounds. —PAGE 13 Pakiistan Testimony before Pakistan admitted for the Testimony before first time on February 12 HHoouussee JJuuddiicciiaarryy that part of the conspiracy in November’s Mumbai attack SSuubbccoommmmiitttteeee oonn was hatched on its soil. — PAGE 18 CCoommmmeerrcciiaall aanndd On the Hiillll Rep. John Lewis (D-GA), AAddmmiinniissttrraattiivvee along with 5 other LLaaww oonn HH..RR..66114466 Democrats, introduced H.Res. 134 in the House on February 4, 'Recognizing the 50th Anniversary of ‘‘IInn 11999911,, II wwaass Reverand Martin Luther King, Jr.'s visit to India’ and aasskkeedd bbyy tthhee llaattee the positive influence the teachings of Mahatma GGooppaall RRaajjuu wwhheetthheerr Gandhi had on Dr. King's work during the civil rights II wwoouulldd rreepprreesseenntt ......’’ movement'. —PAGE 6 Newsmakers Priya Singh appointed Press Assistant at the White House Press Office. —PAGE 7 Louisiana Governor Bobby Jindal is to deliver the Republican response to President Obama’s first speech to a joint session of the Congress on February Laura Handman testifying on February 12 before the House Judiciary Subcommittee on Commercial and Administrative Law: (Photo: Videograb from the testimony) — Page 4 24. —PAGE 7 ADVERTISEMENT Page 4 REMEMBERING PIONEERING PUBLISHER GOPAL RAJU February 20, 2009, News India-Times ■ Testimony before House Judiciary Subcommittee on Commercial and Administrative Law on H.R. 6146 H.R.6146 , a bill 'to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defama- tion judgments', was introduced in the 110th Congress on May 22, 2008 by Rep. Steve Cohen (D-TN), then member of the Subcommittee. Now he is the Chairman of the Subcommittee and has taken up reconsideration of the bill, which addresses the problem of ‘Libel Tourism,’ the practice of suing U.S. defendants for libel in plaintiff-friendly foreign courts, such as Britain’s. ‘I was asked by the late Gopal Raju whether I would represent...’ hank you, Chairman Cohen, Ranking by New York Times v. Sullivan for political ‘TMember Franks and Members of the ‘In 1991, I was asked by the late Gopal Raju whether I speech. Subcommittee for inviting me to speak about would represent India Abroad, a newspaper and wire A New York State trial judge named Shirley an issue that has been a passion of mine for service based in Manhattan which served an audience of Fingerhood refused to enforce the judgment. nearly 20 years. Indians living primarily in the U.S. He had just been hit She recognized that "England and the United [‘I am Laura R. Handman, a partner in the States share many common law principles of law firm of Davis Wright Tremaine LLP, work- with a judgment from a London court in a libel action law," nevertheless a "significant difference ing out of the firm’s offices in New York and the brought by Ajitabh Bachchan, a member of one of India's between the two jurisdictions lies in England's District of Columbia. I am truly honored to most prominent families.’ lack of an equivalent to the First Amendment appear before you today about an issue on to the United States Constitution." As a result, which I have been on the front lines for nearly she refused "entry of a foreign libel judgment 20 years.’ (Taken from her written testimony submit- granted pursuant to a standard deemed appro- ted to the House Judiciary Subcommittee on priate in England but considered antithetical to Commercial and Administrative Law on Feb. 12.)] the protections afforded by the U.S. I applaud the heroic determination of Rachel Constitution.” Ehrenfeld and the efforts of this Committee in Justice Fingerhood's trailblazing decision was addressing the growing problem of libel echoed by Maryland's highest court 5 years tourism. My support is coupled with the great- later in Telnikoff v. Matusevitch. Vladimir est respect for the international comity con- Matusevitch, a U.S. citizen living in London, cerns that Prof. Silberman will undoubtedly working for Radio Free Europe, wrote a letter raise. I also have the greatest respect for the to the editor criticizing Telnikoff for "spreading British common law which is the very founda- of racialist views" in an op-ed column Telnikoff tion and genius of our legal system. had published in London's Daily Telegraph. By But I have had the dubious honor of being a vote of 6-1, the Court held that "The impor- introduced by my British counterparts to tance of that free flow of ideas and opinions on English judges as the American lawyer who got matters of public concern preclude Maryland's "our libel law declared repugnant." I garnered recognition of Telnikoff's English libel judg- that reputation because I was counsel in the ment." only two decisions so far where American Since these cases, the pilgrimage of libel plain- courts have refused to enforce British libel judg- tiffs, be it Britney Spears, Russian oligarch Boris ments. Berezovsky or Sheik Khalid bin Mahfouz, they Bachchan explains better than any other case all have flocked to London. Virtually every — the profound differences between America demand letter we receive these days from a U.S. and U.K. libel. lawyer is now accompanied by one from a In 1991, I was asked by the late Gopal Raju Laura Handman testifying on February 12 before the House Judiciary Subcommittee on Commercial and British solicitor. Libel tourism has only grown whether I would represent India Abroad, a Administrative Law: (Photo: Videograb from the testimony ) as the Internet permits even a newspaper like newspaper and wire service based in The Washington Times which sold zero hard Manhattan which served an audience of copies in the U.K., to be sued in London by an Indians living primarily in the U.S. He had just international businessman based on several been hit with a judgment from a London court dozen hits in the U.K. on its Internet website for in a libel action brought by Ajitabh Bachchan, a story about a Pentagon Report. In part, a member of one of India's most prominent because of the Bachchan and Matusevitch deci- families. To give you a sense of just how big a sions, the British courts have moved a step away deal this family was, if you have seen the film from strict liability and a step closer to a fault Slumdog Millionaire, you will remember when standard, albeit one that is a far far cry from the the Bollywood star comes via helicopter to the protection afforded to the press by New York slums and Jameel, locked in a latrine by his Times v. Sullivan. With the increasing econom- brother, dives into the hole in the floor so he ic pressures, fewer and fewer media companies, can escape and get the star's autograph. That much less individual authors like Ms. Ehrenfeld, star, Amitabh Bachchan, was the brother of the can afford the risk of a more than likely judg- plaintiff in this case. ment against them in a British courtroom. In Both Bachchan brothers were intimates of the case of Forbes, that could be three judgments Rajiv Gandhi, then India's Prime Minister. since they are being sued simultaneously in The story in India Abroad reported that the Ireland, Northern Ireland and England for the leading Swedish daily newspaper, Dagens same story by the same lawyer. That risk is fur- Nyheter, had reported a new development in ther compounded by the English rule that the widely publicized scandal involving alleged makes the loser pay the winner's legal fees as well kickbacks by a Swedish munitions company to as their own, with British solicitors charging obtain Indian government contracts. India rates as high as £1,300 per hour per lawyer. The Abroad reported that Dagens Nyheter had result is predictable: U.S. media agreeing to out- reported that a Swiss bank account belonging Also testifying before the House Judiciary Subcommittee on Commercial and Administrative Law on Feb. 12 sized settlements for cases that would have had were, from left, author Rachel Ehrenfeld, New York University School of Law Professor Linda Silberman and no chance of success in the U.S. and self-cen- to plaintiff had now been frozen by Swiss and attorney Bruce D. Brown of Baker & Hostetler LLP. (Photos: Videograbs from the testimony) authorities. Bachchan, an Indian national, sued soring by either not writing about public figures both Dagens Nyheter and India Abroad in impossible in view of Dagens Nyheter's retrac- fault, even negligence, much less actual malice, known to be litigious, not engaging in inves- London where he claimed residence. The tion. It did not matter that the plaintiff was a since reliance on the reporting of a reputable tigative reporting, or not publishing in the U.K.