Mar 11, 2008
The opponents of free speech in travel writing have been slapped down by a court in Belfast, Northern Ireland
Several months ago, I drew attention to a jury verdict in Australia that had found a newspaper journalist guilty of having defamed a local restaurant by writing a critical review of its food. Though at first glance the matter might have seemed comical, the possibility that courts might entertain such lawsuits by hotels and restaurants poses a grave threat to travel journalism. If more similar lawsuits are permitted, there will soon be an end to the critical appraisal of travel facilities in guidebooks, newspapers, and magazines.
As amazing as it may seem, there appear to be no specific constitutional guarantees of free speech in Australia. And though it seems inconceivable that our own courts would permit such lawsuits, it's obvious that in a great many jurisdictions all over the world, no free-speech protections prevail. The possibility that a foreign court may find a writer guilty of defaming a hotel or restaurant in an honest expression of views will prevent honestly written guidebooks from being published in the United States, since most such guidebooks are also circulated overseas.
That's why it's heartening to report that last week, a court in Belfast, Northern Ireland, threw out a lawsuit brought by a restaurant against a newspaper critic who had panned the restaurant's meals. The details are found on www.breitbart.com.
Nevertheless, we all need to remain vigilant against such threats to the honest expression of opinions. You may be interested in one of my own experiences in the world of guidebook-writing:
More than 30 years ago, I was criminally indicted in the courts of Athens, Greece, for having written, in our guidebook to Greece, that the local English-speaking newspaper of Athens, at that time, was "practically worthless." Those two words resulted in a heavy package of legal documents mailed to my home in New York, proclaiming that I was to present myself to a court in Athens to answer charges of criminal libel.
When I called an Athens lawyer to ask what I should do, he responded that I should come to Athens and defend myself.
"But if I come to Athens to defend myself and I lose", I said, "I will be imprisoned." "Oh, chances are you won't lose," he responded.
After making fruitless visits to the Greek embassy in Washington, D.C. (whose officials were too frightened to intervene, this being a period when military colonels had seized power in Greece), and making similar pleas for help to the frightened tourist officials of Greece, all to no avail, I finally and reluctantly settled the case for a small payment, so that I could continue to travel to Greece.
And by the way, that newspaper was "practically worthless."
Write and read comments about this post.
As amazing as it may seem, there appear to be no specific constitutional guarantees of free speech in Australia. And though it seems inconceivable that our own courts would permit such lawsuits, it's obvious that in a great many jurisdictions all over the world, no free-speech protections prevail. The possibility that a foreign court may find a writer guilty of defaming a hotel or restaurant in an honest expression of views will prevent honestly written guidebooks from being published in the United States, since most such guidebooks are also circulated overseas.
That's why it's heartening to report that last week, a court in Belfast, Northern Ireland, threw out a lawsuit brought by a restaurant against a newspaper critic who had panned the restaurant's meals. The details are found on www.breitbart.com.
Nevertheless, we all need to remain vigilant against such threats to the honest expression of opinions. You may be interested in one of my own experiences in the world of guidebook-writing:
More than 30 years ago, I was criminally indicted in the courts of Athens, Greece, for having written, in our guidebook to Greece, that the local English-speaking newspaper of Athens, at that time, was "practically worthless." Those two words resulted in a heavy package of legal documents mailed to my home in New York, proclaiming that I was to present myself to a court in Athens to answer charges of criminal libel.
When I called an Athens lawyer to ask what I should do, he responded that I should come to Athens and defend myself.
"But if I come to Athens to defend myself and I lose", I said, "I will be imprisoned." "Oh, chances are you won't lose," he responded.
After making fruitless visits to the Greek embassy in Washington, D.C. (whose officials were too frightened to intervene, this being a period when military colonels had seized power in Greece), and making similar pleas for help to the frightened tourist officials of Greece, all to no avail, I finally and reluctantly settled the case for a small payment, so that I could continue to travel to Greece.
And by the way, that newspaper was "practically worthless."
Write and read comments about this post.
Fifty years ago, 
Arthur Frommer is generally acknowledged to be the nation's foremost travel authority. He is the founder of the
