Telnikoff v. Matusevitch

¶1The issue presented in this certified question case is whether a particular English libel judgment, under the circumstances presented, is contrary to the public policy of Maryland so that it should be denied recognition under principles of comity.

¶2I.

¶3Vladimir Matusevitch, now a Maryland resident, was bom to parents of Belarusan Jewish descent in New York City in 1936. In 1940, Matusevitch moved to Russia where he remained until 1968 when he defected to Norway and received political asylum. Between 1969 and 1992, Matusevitch worked in several countries as a journalist for Radio Free Europe/Radio Liberty (RFE/RL), a publicly-funded American corporation that broadcasts to listeners in Eastern Europe and countries formerly under Soviet control. Matusevitch presently works at RFE/RL’s corporate headquarters in the District of Columbia.

¶4Vladimir Telnikoff, an English citizen, was born in Leningrad in 1937 and remained there until 1971, when he emigrated to Israel. The following year, Telnikoff began working as a freelance writer and broadcaster for the British Broadcasting Corporation (BBC) in London. In 1983, Telnikoff became employed as a journalist at RFE/RL in Munich, Germany.

¶5On February 13, 1984, an article written by Telnikoff was published in the London Daily Telegraph, headed “Selecting the Right Wavelength to Tune in 'to Russia.” The article stated in pertinent part as follows:

*565“But still, after three decades of gradually becoming aware of the significance of Russian language broadcasting, I believe [the BBC’s] general concept has never been set right. It continues to reflect the fatal confusion of the West, which has yet to clarify to itself whether it is threatened by Russia or by Communism. We fail to understand that Communism is as alien to the religious and national aspirations of the Russian people as those of any other nation.

“This confusion further manifests itself in the policy of recruitment for the Russian Service. While other services are staffed almost exclusively from those who share the ethnic origin of the people to whom they broadcast, the Russian Service is recruited almost entirely from Russian-speaking national minorities of the Soviet empire, and has something like 10 per cent of those who associate themselves ethnically, spiritually or religiously with Russian people. However high the standards and integrity of that majority there is no more logic in this than having a Greek service which is 90 per cent recruited from the Greek-speaking Turkish community of Cyprus.

“When broadcasting to other East European countries, we recognize them to be enslaved from outside, and better able to withstand alien, Russian, Communism through our assertion of their own national spirit and traditions. However, this approach leaves room for flirting with Euro-communism or ‘socialism with a human (non-Russian) face’ as a desirable further alternative, and well suits the Left in the West.

“Resisting the ideological advance of Communism by encouraging anti-Russian feelings is of less obvious value -with a Russian audience. Making ‘Russian’ synonymous with ‘Communist’ alienates the sympathetic Russian listeners. It stirs up social resentment in others against the Russians. Making those word synonymous also makes sympathy for Russian into support for the Communist system.”

¶6In response, a letter written by Matusevitch, entitled “Qualifications for Broadcasting to Russia,” was published in the *566Daily Telegraph on February 18, 1984. It was as follows (emphasis in original):

“Sir—Having read ‘Selecting the Right Wavelength to Tune in to Russia’ (Feb 18) I was shocked, particularly by the part on alleged inadequacies of the BBC’s Russian Service recruitment policies.

“Mr. Wadimir Telnikoff says: While other services are staffed almost exclusively from those who share the ethnic origin of the people to whom they broadcast, the Russian Service is recruited almost entirely from Russian-speaking national minorities of the Soviet empire.’

“Mr. Telnikoff must certainly be aware that the majority of new emigres from Russia are people who grew up, studied and worked in Russia, who have Russian as their mother tongue and have only one culture—Russian.

“People with Jewish blood in their veins were never allowed by the Soviet authorities to feel themselves equal with people of the same language, culture and way of life. Insulted and humiliated by this paranoiac situation, desperate victims of these Soviet racialist (anti-Semitic) policies took the opportunity to emigrate.

“Now the BBC’s Russian Service, as well as other similar services of other Western stations broadcasting to Russia, who are interested in new staff members (natives), employ those people in accordance with common democratic procedures, interested in their professional qualifications and not in the blood of the applicants.

“Mr. Telnikoff demands that in the interest of more effective broadcasts the management of the BBC’s Russian Service should switch from professional testing to a blood test.

“Mr. Telnikoff is stressing his racialist recipe by claiming that no matter how high the standards and integrity ‘of ethnically alien’ people Russian staff might be, they should be dismissed.

*567“I am certain the Daily Telegraph would reject any article with similar suggestions of lack of racial purity of the writer in any normal section of the British media.

“One could expect that the spreading of racialist views would be unacceptable in a British newspaper.”1

¶7*568After Matusevitch refused to apologize for his February 18th letter, Telnikoff filed a libel action against Matusevitch in the High Court of Justice, Queen’s Bench Division, in London. Matusevitch was absent for the trial on October 5, 1988, and judgment was entered against him in the amount of 65,000 pounds. Subsequently, the High Court of Justice set aside the judgment upon a motion by Matusevitch and set a new trial for May 22,1989.

¶8At the May 22nd trial, Telnikoff argued that the “natural and ordinary” meaning of the words contained in Matusevitch’s letter implied that Telnikoff advocated (1) the use of blood-testing as part of the recruitment policy in the BBC Russian Services, (2) the dismissal of employees of the BBC Russian Service on racial grounds, and (8) racial discrimination and anti-semitic behavior. Matusevitch denied that the letter was defamatory and defended on the ground that the letter constituted “fair comment” on a matter of public interest.2 Matusevitch did not, however, assert truth as a defense.3 In reply to Matusevitch’s “fair comment” defense, Telnikoff asserted that Matusevitch “had been actuated by express *569malice.”4

¶9At the conclusion of the trial, the High Court of Justice granted Matusevitch’s motion for a judgment as a matter of law. Holding that a “reasonable jury” would find that the alleged libel was “comment,” the court explained:

“Read in the context of the rest of the letter, I think that [Matusevitch] was doing no more than to make the comments that, if [Telnikoff s] views as stated in his article were given effect to, then the logical outcome would be that the BBC would, when interviewing applicants to join the Russian Service, concentrate on the ethnic origins of the applicant rather than their expertise as broadcasters. I think it is clear that [Matusevitch] was using the suggestion of a blood test in a metaphorical sense and in no way suggesting that [Telnikoff] in his article had actually demanded that a blood sample should be taken from anyone---- Mr. Telnikoff had not demanded in his article that any existing staff should actually be dismissed; but by claiming that 90% of the existing staff were unsuitable for the service, I think it is comment rather than a bare statement of fact to state, as the defendant did in his letter, that Mr. Telnikoff was suggesting that those unsuitable staff should be dismissed.”

¶10The High Court went on to rule that Matusevitch’s comment was objectively “fair,” consisted of “a matter of public interest,” and that there was no showing of express malice.5

¶11The Court of Appeal affirmed the High Court’s judgment on *570May 16, 1990.6 Telnikoff appealed to the House of Lords which, on November 14, 1991, affirmed in part, reversed in part and remanded the case. While affirming the rulings below with regard to malice, the House of Lords set aside the holdings below that Matusevitch’s letter was “pure comment.” Lord Keith of Kinkel for the House of Lords reasoned that, in determining whether the letter was comment or fact, the jury should examine the letter by itself and not in context with Telnikoffs article.7 Accordingly, the House of Lords remanded the case to the High Court of Justice for a jury to decide “whether paragraphs 6 and 7 of [Matusevitch’s] letter consist*571ed of pure comment or whether they contained defamatory statements of fact.”

¶12On remand, the High Court of Justice instructed the jury on this issue at a trial commencing March 10, 1992.8 The jury returned a 240,000 pound verdict in favor of Telnikoff, finding that Matusevitch’s letter conveyed:

“1. That [Telnikoff] had made statements inciting racial hatred and/or racial discrimination; [and]

2. That [Telnikoff] was a racialist and /or anti-semite and/or a supporter and/or proponent of doctrines of racial superiority or racial purity.”

¶13Subsequently, a judgment was entered into Telnikoffs favor for the amount of the jury’s verdict.

¶14Telnikoff unsuccessfully attempted to have his judgment enforced against Matusevitch in the United States.9 On April 20, 1994, Matusevitch commenced the present action by filing a complaint in the United States District Court for the District of Maryland, seeking a declaratory judgment that the English judgment was “repugnant” to the First and Fourteenth Amendments to the United States Constitution, to Article 40 *572of the Maryland Declaration of the Rights, and to Maryland common law and Maryland public policy. Telnikoff counterclaimed, seeking enforcement of his English judgment in Maryland. Upon stipulation by the parties, the case was transferred to the United States District Court for the District of Columbia.

¶15On January 27, 1995, the United States District Court for the District of Columbia entered judgment for Matusevitch, holding that the cause of action underlying the English libel judgment was “repugnant to the public policy of the State” within the meaning of Maryland’s Uniform Foreign-Money Judgments Recognition Act, Maryland Code (1974, 1995 Repl. Yol.), § 10-704(b)(2) of the Courts and Judicial Proceedings Article, and that recognition of the foreign judgment under principles of comity “would be repugnant to the public policies of the State of Maryland and the United States.” Matusevitch v. Telnikoff, 877 F.Supp. 1, 8, 4 (D.D.C.1995). Alternatively, the United States District Court held that recognition and enforcement of the English judgment would violate the First and Fourteenth Amendments to the United States Constitution, id. at 4-6.10

¶16Telnikoff appealed to the United States Court of Appeals for the District of Columbia Circuit. After hearing oral argument, the United States Court of Appeals certified, pursuant to the Uniform Certification of Questions of Law Act, *573Code (1974, 1995 RepLVol., 1996 Supp.), §§ 12-601 through 12-609 of the Courts and Judicial Proceedings Article, the following question to this Court:

¶17“Would recognition of Telnikoff s foreign judgment be repugnant to the public policy of Maryland?”

¶18We shall answer the question in the affirmative.

¶19II.

¶20Telnikoff argues that the English libel judgment is entitled to recognition under principles of “comity.” Matusevitch, on the other hand, asserts that the English judgment is repugnant to the public policy of the United States and of Maryland and, therefore, should be denied recognition.

¶21The recognition of foreign judgments is governed by principles of comity. Societe Nat. Ind. Aero. v. U.S. Dist. Court, 482 U.S. 522, 543 n. 27, 107 S.Ct. 2542, 2555 n. 27, 96 L.Ed.2d 461, 483-484 n. 27 (1987); Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 411-412, 84 S.Ct. 923, 931-932, 11 L.Ed.2d 804, 813-814 (1964); Hilton v. Guyot, 159 U.S. 113, 16 S.Ct. 139, 40 L.Ed. 95 (1895); Wolff v. Wolff, 40 Md.App. 168, 175, 389 A.2d 413, 417 (1978), aff'd, 285 Md. 185, 401 A.2d 479 (1979); In re Honda American Motor Co., Inc., 168 F.R.D. 535 (D.Md.1996).

¶22The United States Supreme Court discussed the meaning of comity in Hilton v. Guyot, supra, 159 U.S. at 163-164, 16 S.Ct. at 143, 40 L.Ed. at 108, where Justice Gray wrote for the Court:

“No law has any effect, of its own force, beyond the limits of the sovereignty from which its authority is derived. The extent to which the law of one nation, as put in force within its territory, whether by executive order, by legislative act, or by judicial decree, shall be allowed to operate within the dominion of another nation, depends upon what our greatest jurists have been content to call ‘the comity of nations.’ Although the phrase has been often criticized, no satisfactory substitute has been suggested.

*574“‘Comity,’ in the legal sense, is neither a matter of absolute obligation, on the one hand, nor mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.”

¶23See also Somportex Limited v. Philadelphia Chewing Gum Corp., 453 F.2d 435, 440 (3rd Cir.1971) (comity is a principle “of practice, convenience, and expediency. Although more than mere courtesy and accommodation, comity does not achieve the force of an imperative or obligation. Rather, it is a nation’s expression of understanding which demonstrates due regard both to international duty and convenience and to the rights of persons protected by its own laws”); Black’s Law Dictionary 267 (6th ed.1990) (defining “comity” as “the principle in accordance with which the courts of one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of obligation, but out of deference and respect”).

¶24Although foreign judgments are entitled to a degree of deference and respect under the doctrine of comity, courts will nonetheless deny recognition and enforcement to those foreign judgments which are inconsistent with the public policies of the forum state. Malik v. Malik, 99 Md.App. 521, 534, 638 A.2d 1184, 1190 (1994) (“where [a foreign] judgment is ... against public policy ... it will not be given any effect by our courts”). As explained by the Supreme Court in Hilton v. Guyot, supra, 159 U.S. at 164-165, 16 S.Ct. at 144, 40 L.Ed. at 109, quoting Story, Conflict of Laws, § 28,

“ ‘[comity] must necessarily depend on a variety of circumstances which cannot be reduced to any certain rule; that no nation will suffer the laws of another to interfere with her own to the injury of her citizens; that whether they do or not must depend on the condition of the country in which the foreign law is sought to be enforced, the particular nature of her legislation, her policy, and the character of her *575institutions; that in the conflict of laws it must often be a matter of doubt which should prevail; and that, whenever a doubt does exist, the court, which decides, will prefer the laws of its own country to that of the stranger.’ ”

¶25See Bank of Augusta v. Earle, 13 Pet. 519, 589, 10 L.Ed. 274, 308 (1839), where Chief Justice Taney pointed out that the “comity thus extended to other nations ... is the voluntary act of the nation by which it is offered; and is inadmissible when contrary to its policy, or prejudicial to its interests.”11

¶26The justification for the public policy exception to the recognition of foreign judgments was articulated by the United States Court of Appeals for the District of Columbia Circuit in Laker Airways v. Sabena, Belgian World Airlines, 731 F.2d 909, 937 (D.C.Cir.1984), as follows:

“There are limitations to the application of comity. When the foreign act is inherently inconsistent with the policies underlying comity, domestic recognition could tend either to legitimize the aberration or to encourage retaliation, undercutting the realization of the goals served by comity. No nation is under an unremitting obligation to enforce foreign interests which are fundamentally prejudicial to those of the domestic forum. Thus, from the earliest times, authorities have recognized that the obligation of comity expires when the strong public policies of the forum are vitiated by the foreign act.”

¶27See also, e.g., Andes v. Versant Corp., 878 F.2d 147 (4th Cir.1989).

¶28The principles underlying comity, including the public policy exception, have been codified in the Maryland Uniform Foreign-Money Judgments Recognition Act, Code (1974, 1995 RepLVol.), §§ 10-701 et seq. of the Courts and Judicial Pro*576ceedings Article. See Wolff v. Wolff, supra,, 40 Md.App. at 170-176, 389 A.2d at 413-422; Guinness PLC v. Ward, 955 F.2d 875 (4th Cir.1992); Andes v. Versant Corp., supra, 878 F.2d at 149-150.

¶29Section 10-704(b)(2) of the Act specifically states that a “foreign judgment need not be recognized if’ the “cause of action on which the judgment is based is repugnant to the public policy of the State....”12 This provision was recently applied by the United States Court of Appeals for the Fourth Circuit in Andes v. Versant Corp., supra, 878 F.2d 147. In that case the Fourth Circuit considered, under the Maryland Foreign Money-Judgments Recognition Act, a judgment based on an English law which precluded a claim of secondary liability against one who was not a party to the litigation against the primary obligor. This law provided the basis for an English judgment holding liable the corporate guarantor of a loan while shielding two secondarily liable parties on the ground that they were not made parties to the English *577proceeding against the primary obligor. Refusing enforcement of the judgment in Maryland, the United States Court of Appeals held that the “English rule of preclusion is so much at odds with normal American notions of litigation that no American jurisdiction would readily embrace it.” Andes v. Versant Corp., supra, 878 F.2d at 150.13

¶30Other recent cases refusing to recognize or enforce foreign judgments or court orders on public policy grounds include, e.g., Overseas Inns S.A.P.A. v. United States, 911 F.2d 1146 (5th Cir.1990) (Luxembourg judgment, based upon treating the United States Government as a general creditor rather than a priority creditor, was not entitled to recognition because it was contrary to domestic public policy); Victrix S.S. Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir.1987) (New York law required federal court “to deny enforcement of the London judgment as conflicting with New York’s public policy of deferring to foreign [Swedish] bankruptcy proceedings”); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys’ fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 (“a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental interests”); Stein v. Siegel, 50 A.D.2d 916, 917, 377 *578N.Y.S.2d 580 (1975) (Austrian decree dismissing action and containing a “waiver of claim” refused recognition because “it contravenes the public policy of this State ... that a discontinuance by any method is ordinarily without prejudice to the commencement of a new action”); Calzaturificio Rangoni S.p.A. v. U.S. Shoe Corp., 868 F.Supp. 1414, 1419 (S.D.N.Y. 1994) (“In order to properly accord another sovereign’s decision comity, that decision cannot offend the laws of the United States. … In this case; according the Italian Judgment comity would offend United States law”).

¶31III.

¶32The question before us is whether Telnikoffs English libel judgment is based upon principles which are so contrary to Maryland’s public policy concerning freedom of the press and defamation actions that recognition of the judgment should be denied.

¶33A.

¶34In resolving this public policy issue, it is important to emphasize what is not before this Court. The certified question does not ask us to decide whether the Free Press Clause of the First Amendment or Article 40 of the Maryland Declaration of Rights14 directly precludes . Maryland recognition or enforcement of the English judgment, and we do not decide those issues.15

¶35*579While we shall rest our decision in this case upon the non-constitutional ground of Maryland public policy, nonetheless, in ascertaining that public policy, it is appropriate to examine and rely upon the history, policies, and requirements of the First Amendment and Article 40 of the Declaration of Rights. In determining non-constitutional principles of law, courts often rely upon the policies and requirements reflected in constitutional provisions. See, e.g., Kramer v. Bally’s Park Place, 311 Md. 387, 396, 535 A.2d 466, 470 (1988); Marchesi v. Franchino, 283 Md. 131, 137-139, 387 A.2d 1129, 1132-1133 (1978); General Motors Corp. v. Piskor, 277 Md. 165, 171, 352 A.2d 810, 814-815 (1976); Dorsey v. State, 276 Md. 638, 648-659, 350 A.2d 665, 671-678 (1976); Jacron Sales Co. v. Sindorf, 276 Md. 580, 591-597, 350 A.2d 688, 694-698 (1976); Leese v. Baltimore County, 64 Md.App. 442, 468, 497 A.2d 159, 172, cert. denied, 305 Md. 106, 501 A.2d 845 (1985) (“We can conceive of no clearer ‘mandate of public policy’ than the rights spelled out in the United States constitution”). See also Watson v. Peoples Security Life Ins. Co., 322 Md. 467, 490, 588 A.2d 760, 771 (1991) (Eldridge, J., concurring in part and dissenting in part) (“Although [Article 46 of the Maryland Declaration of Rights] may not directly apply to private employers, it nonetheless establishes a public policy in Mary*580land that an individual should not be subjected to sex-based discrimination”). Similarly, in arriving at non-statutory principles, courts often look to the policies and requirements of statutes. See, e.g., Kramer v. Bally’s Park Place, supra, 311 Md. at 392-396, 535 A.2d at 468-470; Kelley v. R.G. Industries, Inc., 304 Md. 124, 141-155, 497 A.2d 1143, 1151-1158 (1985); McCabe v. McCabe, 210 Md. 308, 314, 318, 123 A.2d 447, 450-451, 452 (1956); Ortland v. County of Tehama, 939 F.Supp. 1465, 1470 (E.D.Cal.1996).

¶36Consequently, it is appropriate to examine some of the history, policies, and requirements of the free press clauses of the First Amendment and Article 40 of the Declaration of Rights, as well as the present relationship between those provisions and defamation actions in Maryland.16

¶37B.

¶38American and Maryland history reflects a public policy in favor of a much broader and more protective freedom of the press than ever provided for under English law.

¶39*581(1)

¶40Printing was introduced in England in 1476, but the Crown’s pervasive control over the press and publications began under the reign of Henry VIII and continued throughout the Tudor period and much of the Stuart period. The control took the form of royal proclamations containing lists of prohibited publications,17 the granting of monopolies or privileges to certain printers,18 orders by the Privy Council and investigations by the Council into allegedly seditious statements and publications,19 decrees and prosecutions by the court of the Star Chamber for “seditious libel,”20 and a comprehensive licensing system.21 Under the Star Chamber Decree of June 23,1586, “[a]ll books (with the exception of law books and books printed by the queen’s printer) were required to be licensed by the Archbishop of Canterbury and the Bishop of London. Law books were to be licensed by the Justices.” Fredrick Seaton Siebert, Freedom of the Press in England U76-1776, at 61-62 (1952).

¶41Although the King’s authority was circumscribed during the early 1640’s, and the Star Chamber was abolished in 1641, press censorship continued. Parliament, on June 14, 1643, enacted an ordinance regulating printing, under which “all *582books, pamphlets, and papers were required to be licensed by persons appointed by Parliament and to be entered in the Register at Stationers’ Hall.” Id. at 187. In addition, Parliament regularly took action, usually by a committee, to investigate “obnoxious publications” or “whenever a particularly irritating publication appeared.” Id. at 189. The suppression of publications continued during the Commonwealth period through various enactments and orders. For example, Cromwell in August 1655 put into effect orders “to suppress and prosecute all unlicensed printers,” “to suppress all news-books except those licensed by the Protector or his Council,” “to execute the acts suppressing street hawkers,” etc. Id. at 231.

¶42After the Restoration, both the King by royal proclamations and Parliament acted to control the press. Thus, “one of the first acts of Charles II was to issue a proclamation (13 August 1660) calling in and suppressing two books written by John Milton.” Id. at 238. The Printing Act of 1662 continued a comprehensive licensing system, and contained numerous other provisions for the regulation of publications. Id. at 238-257. See also David S. Bogen, The Origins of Freedom of Speech and Press, 42 Md. L.Rev. 429, 442-443 (1983); Bernard Schwartz, Freedom of the Press 11 (1992).

¶43The Printing Act of 1662 expired by its own terms in 1694, and with its expiration, the English press licensing system ended. As pointed out by this Court over one hundred years ago in Negley v. Farrow, 60 Md. 158, 176 (1883),

“[t]he liberty of the press guaranteed by the Constitution [of Maryland] is a right belonging to every one, whether proprietor of a newspaper or not, to publish whatever he pleases, without the license, interference or control of the government, being responsible alone for the abuse of the privilege. It is a right which, from the introduction of the printing press down to the year 1694, did not in England belong to the subject. On the contrary, no one was allowed to publish any printed matter without the license and supervision of the government, and it was against such interference on the part of the government, and in favor of the right *583of the citizen, that this provision found its way into our Bill of Rights.”

¶44Although the licensing system expired in 1694, and statutory direct prior restraint theoretically ended, the English Government still attempted to control the press. Queen Anne during the period from 1704 through 1714 issued numerous royal proclamations ordering that “the publication of false news or of books of’ a particular kind “is to stop.” Frederick Seaton Siebert, Freedom of the Press in England 1176-1776, supra, at 807. Parliament in 1712, in response to a message from Queen Anne, imposed taxes upon newspapers and advertisements. ‘“That the main purpose of these taxes was to suppress the publication of comments and criticisms objectionable to the Crown does not admit of doubt.’ … [Tjhese taxes—commonly called taxes on knowledge—were resisted and evaded for more than a century, and they constituted one of the important factors that aroused the American colonists to protest against taxation for the purposes of the home government.” Baltimore v. A.S. Abell Co., 218 Md. 273, 285, 145 A.2d 111, 117 (1958), quoting Grosjean v. American Press Co., 297 U.S. 233, 246, 56 S.Ct. 444, 447, 80 L.Ed. 660, 666 (1936). The control of the press through taxation continued in England well into the nineteenth century. See Frederick Seaton Siebert, Freedom of the Press In England H76-1776, supra, at 305-322.

¶45Moreover, the imposition of taxes was not the only method employed in eighteenth century England to suppress publications. Professor Bogen has stated (David S. Bogen, The Origins of Freedom of Speech and Press, supra,42 Md. L.Rev. at 443-444):

“The death of the licensing system ended prior restraints, but it did not signal the end of punishment for speech offensive to the authorities. Prosecutions for seditious libel and proceedings by the House of Commons and the House of Lords against publishers for breach of parliamentary privilege were major vehicles of suppression during the eighteenth century.”

¶46*584The Supreme Court in Grosjean v. American Press Co., supra, 297 U.S. at 245, 56 S.Ct. at 447, 80 L.Ed. at 666, made the same point:

“For more than a century prior to the adoption of the [First] Amendment—and, indeed, for many years thereafter—history discloses a persistent effort on the part of the British government to prevent or abridge the free expression of any opinion which seemed to criticizé or exhibit in an unfavorable light, however truly, the agencies and operations of the government.”

¶47The signing of the Declaration of Independence, the adoption of state constitutions, and the later ratification of the First Amendment, signaled a major departure from English law and policy concerning free speech and freedom of the press. According to Justice Black for the Court in Bridges v. California, 314 U.S. 252, 264-265, 62 S.Ct. 190, 194-195, 86 L.Ed. 192, 204 (1941) (footnotes omitted),

“to assume that English common law in this field became ours is to deny the generally accepted historical belief that ‘one of the objects of the Revolution was to get rid of the English common law on liberty of speech and of the press.’ Schofield, Freedom of the Press in the United States, 9 Publications Amer. Sociol. Soe., 67, 76.

“It cannot be denied, for example, that the religious test oath or the restrictions upon assembly then prevalent in England would have been regarded as measures which the Constitution prohibited the American Congress from passing. And since the same unequivocal language is used with respect to freedom of the press, it signifies a similar enlargement of that concept as well. Ratified as it was while the memory of many oppressive English restrictions on the enumerated liberties was still fresh, the First Amendment cannot reasonably be taken as approving prevalent English practices. On the contrary, the only conclusion supported by history is that the unqualified prohibitions laid down by *585the framers were intended to give to liberty of the press, as to the other liberties, the broadest scope that could be countenanced in an orderly society.”

¶48(2)

¶49The Second Continental Congress, by resolution adopted in May 1776, recommended that the thirteen colonies adopt new forms of government, and this action precipitated the preparation of the new state constitutions. Virginia adopted the first constitution and declaration of rights, and, by the end of the Revolutionary War, all thirteen states had adopted new constitutions. See 1 Bernard Schwartz, The Bill of Rights: A Documentary History, 228-250 (1971).

¶50The Maryland Constitution, including its Declaration of Rights, was drafted in August 1776 by a committee of lawyers and was approved on November 3,1776. According to Professor Bernard Schwartz, the “Maryland Declaration of Rights was much more detailed than its predecessors, containing 42 articles.” 1 Bernard Schwartz, The Bill of Rights: A Documentary History, supra, at 279.22

¶51*586The original Maryland Declaration of Rights did not contain an express freedom of speech clause, but it did contain an express freedom of the press clause, thus underscoring the importance of freedom of the press. Article XXXVIII of the 1776 Declaration of Rights stated:

“That the liberty of the press ought to be inviolably preserved.”

¶52The Maryland press clause has been called the “second model,” Virginia’s being the first, and it was adopted in the constitutions of Delaware, Georgia, and South Carolina. David A. Anderson, The Origins of the Press Clause, 30 UCLA L.Rev. 455, 464-465 (1983).

¶53What is apparently the first recorded official application of the Free Press Clause of the Declaration of Rights occurred in early 1777. It was not by this Court, which was not functioning at the time, but by the General Assembly.23 Accounts of the matter are set forth in Matthew Page Andrews, History of Maryland: Province and State, 332-333 (1929), and Lawrence C. Wroth, A History of Printing in Colonial Maryland, 136-137 (1922). On February 25, 1777, the Maryland Journal, published by William Goddard, printed an anonymous article which amounted to an argument supporting the Tory point of view and recommended the acceptance of a British offer of *587peace terms. Although the article was apparently supposed to be a satirical piece, the Whig Club of Baltimore took it seriously and demanded that Goddard reveal the author’s name. When Goddard refused, the members of the Whig Club carried him by force to a meeting of the Club, at which the members ordered Goddard to leave Baltimore City within twenty-four hours, suggesting “that plenty of tar and feathers were within convenient reach.”24 Goddard left Baltimore and traveled to Annapolis where he contacted the Committee of Safety which, in turn, referred him to the newly elected General Assembly. After hearing the matter, the “Committee of Grievances and Court of Justice” of the House of Delegates condemned the Whig Club and declared that the Whig Club proceedings

“are a manifest violation of the constitution, directly contrary to the Declaration of Rights assented to by the representatives of the freemen of this State, and tend in their consequences (unless timely checked) to the overthrow of all regular government.”25

¶54Goddard returned to Baltimore where “he brought out his pamphlet, The Prowess of the Whig Club, a publication in which he dusted the salt and pepper of derisive irony over the wounds of his opponents.”26Goddard was again taken before the Club which “reimposed” his “sentence of banishment.”27 The officer of the Whig Club who presided at this “trial” was Commodore James Nicholson, the Commander in Chief of the Continental Navy. Again Goddard went to Annapolis and, represented by Samuel Chase, appeared before the General Assembly. Thereafter the Club’s

*588“officials received a formal summons to Annapolis, where they were required to apologize at the bar of the House. In addition, pungently phrased resolutions were passed condemning the mob-like action of the members; and Governor Johnson, of the now fully established state, was especially directed to provide the editor ample protection against ‘all violence or injury to his person and property.’ ”28

¶55There are many other incidents in Maryland history demonstrating the strength of this State’s public policy guaranteeing freedom of the press, although we shall mention only a few more. For example, at the Maryland Convention to ratify the proposed Constitution of the United States, convened at Annapolis from April 21, 1788, through April 29, 1788, the Convention proposed that there be thirteen amendments to the federal constitution, including a clause stating “that the freedom of the press be inviolably preserved.” Professor Anderson (David A. Anderson, The Origins of the Press Clause, swpra, 30 UCLA L.Rev. at 472) has commented on this recommendation as follows:

“The language, an adaption of the press clause of the Maryland Constitution, was not remarkable. The drafting committee, however, added an intriguing, if enigmatic, commentary: ‘In prosecutions in the federal courts for libels, the constitutional preservation of this great and fundamental right may prove invaluable.’ Whatever the draftsmen meant by this, it is clear that they did not share the view that a guarantee of freedom of the press would not affect seditious libel prosecutions.”

¶56See also 2 Bernard Schwartz, The Bill of Rights: A Documentary History, supra, at 730-738.

¶57Another historical example of Maryland’s commitment to freedom of the press is the State’s newspaper shield statute, presently codified at Code (1974, 1995 RepLVol.), § 9-112 of the Courts and Judicial Proceedings Article. Maryland, in *5891896, became the first state in the United States to adopt a newspaper shield statute designed to protect newspersons from being compelled to disclose their sources. Ch. 249 of the Acts of 1896 provided:

“That no person engaged in, connected with or employed on a newspaper or journal shall be compelled to disclose in any legal proceeding or trial, or before any committee of the legislature or elsewhere, the source of any news or information procured or obtained by him for and published in the newspaper on and in which he is engaged, connected with or employed.”

¶58By Ch. 113 of the Acts of 1988, the General Assembly significantly broadened the protection of the newspaper shield law so as to (1) protect former newspersons, (2) give protection against compelled disclosure of notes and unpublished data and information as well as sources, and (3) provide that compelled disclosure was not waived by dissemination of a source or of a portion of the confidential data.

¶59Maryland public policy regarding freedom of the press was summarized by Judge Delaplaine for this Court in Howard Sports Daily v. Public Service Comm., 179 Md. 355, 361, 18 A.2d 210, 215 (1941), as follows:

“For many years after the invention of the printing press, the subjects in England were forbidden to publish any printed matter without the license of the government. It was to prevent any such interference that the American patriots incorporated these [free press] provisions in the Federal and State Constitutions. Negley v. Farrow, 60 Md. 158, 176. The liberty of the press is a right belonging to every one, whether the proprietor of a newspaper or not, to publish whatever he pleases without the interference of the government. Neither the Federal Government nor the State can adopt any form of previous restraint upon printed publications or their circulation, or take any action which might prevent such free and general discussion of public matters as seems essential to prepare the people for an intelligent exercise of their rights as citizens.”

¶60*590See also Sigma Delta Chi v. Speaker, 270 Md. 1, 4, 310 A.2d 156, 158 (1973) (“freedom of the press ... has been zealously safeguarded in Maryland”).

¶61C.

¶62Despite the very strong public policy in Maryland regarding freedom of the press, the relationship between freedom of the press and defamation actions did not receive a great deal of attention prior to the Supreme Court’s opinion in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). Occasionally the view was expressed that free press considerations had an impact on defamation actions, such as the commentary at the Maryland Ratifying Convention of April 1788, or in a few opinions by this Court. See, e.g., Negley v. Farrow, supra, 60 Md. at 176. Nevertheless, prior to New York Times Co. v. Sullivan, supra,and its progeny, numerous English common law principles governing libel and slander actions were routinely applied in Maryland defamation cases without any consideration or mention of the constitutional free press clauses or the strong public policy favoring freedom of the press. See, e.g., Domchick v. Greenbelt Consumer Services, 200 Md. 36, 45-49, 87 A.2d 831, 836-838 (1952).

¶63The Supreme Court in New York Times Co. v. Sullivan, 376 U.S. at 279-280, 84 S.Ct. at 726, 11 L.Ed.2d at 706, held that the First Amendment

“prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with ‘actual malice’—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.”

¶64The Court went on to hold that such malice could not be presumed (376 U.S. at 283-284, 84 S.Ct. at 728, 11 L.Ed.2d at 708-709), that the constitutional standard requires proof having “convincing clarity” (376 U.S. at 285-286, 84 S.Ct. at 729, 11 L.Ed.2d at 710), and that evidence simply supporting a finding of negligence is insufficient (376 U.S. at 287-288, 84 *591S.Ct. at 730, 11 L.Ed.2d at 711). In Curtis Publishing Co. v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094 (1967), the Supreme Court held that the principles set forth in New York Times Co. v. Sullivan were also applicable to the defamatory criticism of “public figures.”

¶65The Supreme Court in Gertz v. Robert Welch, Inc., 418 U.S. 323, 347, 94 S.Ct. 2997, 3010, 41 L.Ed.2d 789 (1974), held that the “actual malice” standard of New York Times Co. v. Sullivan did not extend to defamation actions by persons who were neither public officials nor public figures. Nevertheless the Court went on to hold that, in a defamation action by such a private person against a magazine publisher who published an article relating to a matter of public concern, the First Amendment precluded the imposition of liability for compensatory damages without fault. The Court further held that, in such a defamation action, there can be no recovery of presumed or punitive damages without a showing of actual malice, defined as “knowledge of falsity or reckless disregard for the truth.” Gertz v. Robert Welch, Inc., supra, 418 U.S. at 349, 94 S.Ct. at 3011, 41 L.Ed.2d at 810. Moreover, in discussing the New York Times Co. v. Sullivan actual malice standard, the Court in Gertzreiterated that a plaintiff must establish actual malice by “clear and convincing proof.” 418 U.S. at 342, 94 S.Ct. at 3008, 41 L.Ed.2d at 807. The Court also recognized that the constitutionally required limitations upon defamation actions constituted a “substantial abridgment of the state law right to compensation for wrongful hurt to one’s reputation,” 418 U.S. at 343, 94 S.Ct. at 3008, 41 L.Ed.2d at 807.

¶66Subsequently, based upon the principles delineated in the Gertzopinion, the Court in Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 768-769, 106 S.Ct. 1558, 1559, 89 L.Ed.2d 783, 787 (1986), held “that, at least where a newspaper publishes speech of public concern, a private-figure plaintiff cannot recover damages [in a defamation action] without also showing that the statements at issue are false.” The Court stated, 475 U.S. at 776, 106 S.Ct. at 1563, 89 L.Ed.2d at 792,

“that the common law’s rule on falsity—that the defendant must bear the burden of proving truth—must ... fall here *592to a constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages.”

¶67The Court continued (475 U.S. at 777, 106 S.Ct. at 1564, 89 L.Ed.2d at 793):

“[T]he need to encourage debate on public issues that concerned the Court in the governmental-restriction cases is of concern in a similar manner in this case involving a private suit for damages: placement by state law of the burden of proving truth upon media defendants who publish speech of public concern deters such speech because of the fear that liability will unjustifiably result.”

¶68See also Milkovich v. Lorain Journal Co., 497 U.S. 1, 16, 110 S.Ct. 2695, 2704, 111 L.Ed.2d 1, 16 (1990); Hustler Magazine v. Falwell, 485 U.S. 46, 56, 108 S.Ct. 876, 882, 99 L.Ed.2d 41, 52 (1988); Chesapeake Pub. v. Williams, 339 Md. 285, 295, 661 A.2d 1169 (1995); Rosenberg v. Helinski, 328 Md. 664, 675, 616 A.2d 866, 871 (1992), cert. denied, 509 U.S. 924, 113 S.Ct. 3041, 125 L.Ed.2d 727 (1993).

¶69The Supreme Court has “also recognized constitutional limits on the type of speech which may be the subject of state defamation actions. … [A] statement of opinion relating to matters of public concern which does not contain a provably false factual connotation will receive full constitutional protection.” (Emphasis in original). Milkovich v. Lorain Journal Co., supra, 497 U.S. at 16, 20, 110 S.Ct. at 2704, 2706, 111 L.Ed.2d at 16, 18. See Hustler Magazine v. Falwell, supra, 485 U.S. at 50, 108 S.Ct. at 879, 99 L.Ed.2d at 48 (public figure could not recover tort damages for an “ad parody offensive to him, and doubtless gross and repugnant in the eyes of most” which was “intended to inflict emotional injury” but “could not reasonably have been interpreted as stating actual facts”); Letter Carriers v. Austin, 418 U.S. 264, 286, 94 S.Ct. 2770, 2782, 41 L.Ed.2d 745, 763 (1974) (union newsletter, calling a non-union worker a “scab” and “traitor,” was “merely rhetorical hyperbole, a lusty and imaginative expression of the contempt felt by union members towards those who refused to *593join,” and could not be reasonably viewed as a “factual representation”); Greenbelt Cooperative Publishing Ass’n v. Bresler, 398 U.S. 6, 14, 90 S.Ct. 1537, 1542, 26 L.Ed.2d 6, 15 (1970) (statements at a public meeting, reprinted in newspaper articles, and characterizing a real estate developer’s negotiating position as “blackmail,” could not reasonably be interpreted as charging the developer with the commission of a criminal offense, but “the word was no more than rhetorical hyperbole, a vigorous epithet used by those who considered Bresler’s negotiating position extremely unreasonable”); Capital-Gazette Newspapers v. Stack, 293 Md. 528, 541, 445 A.2d 1038, 1045, cert. denied, 459 U.S. 989, 103 S.Ct. 344, 74 L.Ed.2d 384 (1982) (“under the circumstances, the allegedly false defamatory editorial statement was ‘no more than rhetorical hyperbole,’ Greenbelt, 398 U.S. at 14, 90 S.Ct. at 1542, often present in vehement debate”).

¶70In a series of opinions after New York Times Co. and Gertz, this Court substantially changed the Maryland common law regarding defamation actions even in areas where the changes were not mandated by the First Amendment and Article 40 of the Maryland Declaration of Rights.29See Marchesi v. Franchino, supra,283 Md. 131, 387 A.2d 1129; General Motors Corp. v. Piskor, supra,277 Md. 165, 352 A.2d 810; and particularly Jacran Sales Co. v. Sindorf, supra,276 Md. 580, 350 A.2d 688.

¶71In Jacron, with respect to defamation actions by persons who were not public officials or public figures, “we conclude[d] as a matter of state law that the Gertz” principles should apply regardless of whether the alleged defamatory statement involved a subject of public concern and regardless of whether the action was against a media defendant or a non-media defendant. 276 Md. at 592, 594, 350 A.2d at 695. Consequently, we held that there could be no recovery without fault in any defamation action. Where the plaintiff was a public *594official or public figure, he or she was required to establish, by clear and convincing evidence, actual malice as defined in New York Times Co. v. Sullivan. In all other defamation actions, the plaintiff must by a preponderance of the evidence establish that the defendant was at least negligent. 276 Md. at 596-597, 350 A.2d at 697-698. We also held in Jacron that, in all defamation actions, “truth is no longer an affirmative defense to be established by the defendant, but instead the burden of proving falsity rests upon the plaintiff,” 276 Md. at 597, 350 A.2d at 698. Furthermore, we held that in all defamation actions, “neither presumed nor punitive damages” may be recovered “unless [the plaintiff] establishes liability under the more demanding New York Times standard of knowing falsity or reckless disregard for the truth.” 276 Md. at 601, 350 A.2d at 700.30 Finally, we indicated that in any defamation case where the defamatory statement enjoys a conditional privilege, the plaintiff must prove actual malice to overcome the conditional privilege. 276 Md. at 599-601, 350 A.2d at 699-700.

¶72This Court in General Motors Corp. v. Piskor, supra, 277 Md. at 171, 352 A.2d at 814-815, reiterated the holdings set forth in Jacron. In addition, we reversed the judgment in favor of the plaintiff for compensatory and punitive damages because “the trial of the defamation claim ... proceeded on the premise of liability without fault,” 277 Md. at 172, 352 A.2d at 815, and because the punitive damages claim was not submitted to the jury under “the New York Times standard of knowing falsity or reckless disregard for the truth.” 277 Md. at 175, 352 A.2d at 817.

¶73In Marchesi v. Franchino, supra, 283 Md. at 138-139, 387 A.2d at 1133-1134, we held that the “actual malice” required to overcome a conditional privilege in a defamation action was “knowledge of falsity or reckless disregard for truth.” The *595court held that “malice” in the sense of “ill-will” was an insufficient basis for overcoming a conditional privilege or for awarding punitive damages in any defamation action.

¶74Also pertinent to the issue in the case at bar are this Court’s holdings that alleged defamatory language cannot be considered in isolation but must be viewed in the context in which it is used. See, e.g., Chesapeake Pub. v. Williams, supra, 339 Md. at 295, 661 A.2d at 1174; Batson v. Shiflett, 325 Md. 684, 723, 602 A.2d 1191, 1210 (1992). See also Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 111 S.Ct. 2419, 115 L.Ed.2d 447 (1991) (holding that a determination of whether the alteration of a quotation concerning the subject of an interview constituted “actual malice” was dependent on the context of the interview).

¶75D.

¶76The contrast between English standards governing defamation actions and the present Maryland standards is striking. For the most part, English defamation actions are governed by principles which are unchanged from the earlier common law period. See, e.g., Bruce W. Sanford, Libel and Privacy, § 2.2.2 (2nd ed. 1996 Supp.); Rodney A. Smolla, Law of Defamation, § 1.03[3] (1996) (“Modern British libel law has changed very little from its original common law roots”); Blackshaw v. Lord, [1984] 1 QB 1, [1983] 2 All ER 311 [1983] 2 WLR 283.

¶77Thus, under English defamation law, it is unnecessary for the plaintiff to establish fault, either in the form of conscious wrongdoing or negligence. The state of mind or conduct of the defendant is irrelevant. Duncan & Neill on Defamation, § 18.22, at 133 (2d ed. 1983) (“[T]he honest belief by the defendant in the truth of what he published does not ... provide any defence to an action for defamation”); Rodney A. Smolla, Law of Defamation, supra, at § 1.03[3] (“The British cause of action for defamation remains a strict liability tort in which publishers may be held liable even for statements that *596were honestly believed to be true, and published without negligence”).

¶78Moreover, under English law, defamatory statements are presumed to be false unless a defendant proves them to be true. Duncan and Neill on Defamation, supra, § 11.04, at 51 (“The law presumes that defamatory words are false and the plaintiff need do no more than prove that defamatory words have been published of him by the defendant; it is for the defendant to prove that the words are true, if he can”); Gatley on Libel & Slander, ch.l, at 6 (7th ed. 1974) (“The law presumes in the plaintiffs favor that the words are false, unless and until the defendant proves the contrary”); Rodney A. Smolla, Law of Defamation, supra, at § 1.03[3]. In addition, a defendant risks punitive damages if he pleads truth but fails to prove it. See, e.g., Cassell & Co, Ltd. v. Broome, [1972] AC 1027, [1972] 1 All ER 801, [1972] 2 WLR 645 (English House of Lords assessing punitive damages against defendant for failure to prove defamatory statement true).31

¶79In England, a qualified privilege can be overcome without establishing that the defendant actually knew that the publication was false or acted with reckless disregard of whether it was false or not. It can be overcome by proof of “spite or ill-will or some other wrong or improper motive.” Peter F. Carter-Ruck, Libel and Slander, 137 (1973). English law authorizes punitive or exemplary damages under numerous circumstances in defamation actions; unlike Maryland law, they are not limited to cases in which there was actual knowledge of the falsehood or reckless disregard as to truth or falsity. Id. at 172-173. Furthermore, as one scholar has pointed out, id. at 172,

“[i]n practice only one sum is awarded and it is impossible to tell to what extent the damages awarded in any particular case were intended to be compensatory and to what extent exemplary or punitive. The very high damages awarded in recent years in actions against newspapers can only be *597explained on the basis that the sums awarded reflect the juries’ opinion of the defendants’ conduct.”

¶80English defamation law presumes that a statement is one of fact, and the burden is on the defendant to prove “fair comment.” According to one English writer (Peter F. Carter-Ruck, Libel and Slander, supra, at 118),

“[fjor the defence of fair comment to succeed it must be proved that the subject matter of the comment is a matter of legitimate public interest; that the facts upon which the comment is based are true; and that the comment is fair in the sense that it is relevant to the facts and in the sense that it is the expression of the honest opinion of the writer or speaker.”

¶81Proof of malice, in the sense of ill-will, spite, etc., “will vitiate fair comment as a defense event though in all other respects the comment fulfils the qualifications which the law stipulates.” Id. at 126. In addition, “the malice of one defendant will destroy the defence for all the defendants and each defendant is not entitled to have his case considered separately.” Id. at 127. Moreover, as the opinion of the House of Lords in the present controversy shows, a statement is not evaluated in the context of the publication to which it responds. Matusevitch v. Telnikoff [1991] 4 ALL ER 817, 822-826. Context appears to be eliminated from a court’s determination of whether a statement is considered fact or comment.

¶82Finally, English defamation law flatly rejects the principles set forth in New York Times Co. v. Sullivan, supra,and Gertz v. Robert Welch, Inc., supra. The basic rules are the same regardless of whether the plaintiff is a public official, public figure, or a private person, regardless of whether the alleged defamatory statement involves a matter of public concern, and regardless of the defendant’s status. As Professor Smolla has observed (Rodney A. Smolla, Law of Defamation, supra, at 1.03[3]),

“British law recognizes no special protection for defamation actions arising from critiques of public figures or public officials, routinely imposing large damages awards in cases *598involving what American courts would characterize as core political discourse.”

¶83See also Bennett and others v. Guardian Newspapers Limited, [1995] QB (28 December 1995) (“My conclusion is that the persuasive overseas authorities [cited by plaintiff] do not convince me that on their account the Sullivandoctrine should be adopted by oúr courts”); Derbyshire County Council v. Times Newspapers Limited [1993] AC 534, [1993] 1 All ER 1011 (“the American law of libel, including as it does no protection for the individual politician as well as political institution, goes further along the road of freedom of the press than the English law”).

¶84E.

¶85A comparison of English and present Maryland defamation law does not simply disclose a difference in one or two legal principles. Cf. Kramer v. Bally’s Park Place, supra, 311 Md. at 390, 535 A.2d at 467, and cases there cited. Instead, present Maryland defamation law is totally different from English defamation law in virtually every significant respect. Moreover, the differences are rooted in historic and fundamental public policy differences concerning freedom of the press and speech.

¶86The stark contrast between English and Maryland law is clearly illustrated by the underlying litigation between Telnikoff and Matusevitch. Telnikoff, an employee of the publicly funded Radio Free Europe/Radio Liberty, was undisputably a public official or public figure. In this country, he would have had to prove, by clear and convincing evidence, that Matusevitch’s letter contained false statements of fact and that Matusevitch acted maliciously in the sense that he knew of the falsity or acted with reckless disregard of whether the statements were false or not. The English courts, however, held that there was no evidence supporting Telnikoffs allegations that Matusevitch acted with actual malice, either under the New York Times Co. v. Sullivan definition or in the sense of ill-will, spite or intent to injure. Despite the absence of actual malice under any definition, Telnikoff was allowed to recover. *599He was not even required to prove negligence, which is the minimum a purely private defamation plaintiff must establish to recover under Maryland law.

¶87In addition, Telnikoff was not required to prove that Matusevitch’s letter contained a false statement of fact, which would have been required under present Maryland law. Instead, falsity was presumed, and the defendant had the risky choice of whether to attempt to prove truth. Furthermore, Telnikoff did not have to establish that the alleged defamation even contained defamatory statements of fact; the burden was upon the defendant to establish that the alleged defamatory language amounted to comment and not statements of fact.

¶88Finally, contrary to the decisions of the Supreme Court and this Court, Matusevitch’s letter was not examined in context but in isolation. It must be remembered that Telnikoff began the public debate with his published article, and Matusevitch’s letter constituted his rebuttal. Undoubtedly, in this country, under opinions such as Hustler Magazine v. Falwell, supra,485 U.S. 46, 108 S.Ct. 876, 99 L.Ed.2d 41, Letter Carriers v. Austin, supra, 418 U.S. at 286, 94 S.Ct. at 2782, 41 L.Ed.2d at 763, and Greenbelt Cooperative Publishing Ass’n v. Bresler, supra, 398 U.S. at 14, 90 S.Ct. at 1542, 26 L.Ed.2d at 15, Matusevitch’s alleged defamatory language would, as a matter of law, be treated as “rhetorical hyperbole” in the course of rebuttal during a vigorous public debate. An apt description of what would have happened in Maryland to Telnikoff s libel suit was set forth by this Court ninety-five years ago (Shepherd v. Baer, 96 Md. 152, 156, 159, 53 A. 790, 791, 792 (1902)): “ ‘A man who commences a newspaper war cannot subsequently come to the Court to complain that he has had the worst of it.’ … [T]he article [in response] ... does not exceed the bounds of legitimate self-defense .”

¶89The principles governing defamation actions under English law, which were applied to Telnikoff s libel suit, are so contrary to Maryland defamation law, and to the policy of freedom of the press underlying Maryland law, that Telnikoff s judgment should be denied recognition under principles of *600comity. In the language of the Uniform Foreign-Money Judgments Recognition Act, § 10-704(b)(2) of the Courts and Judicial Proceedings Article, Telnikoffs English “cause of action on which the judgment is based is repugnant to the public policy of the State.... ”

¶90The only American case which the two parties have called to our attention, which is directly on point, reached a similar conclusion. In Bachchan v. India Abroad Publications, 154 Misc.2d 228, 585 N.Y.S.2d 661 (1992), an Indian national brought a libel action in the High Court of Justice in London against the New York operator of a news service which transmitted stories exclusively to India. The suit was based upon an article, written by a London reporter and transmitted by the defendant to India, in which the plaintiff’s name was used in connection with an international scandal. After a jury assessed 40,000 pounds in damages against the defendant, the plaintiff sought to enforce the judgment against the defendant in New York. The defendant opposed recognition of the judgment on the ground that the judgment was “repugnant to public policy” of New York as embodied in the First Amendment to the United States Constitution and the free speech and press guarantees of the New York Constitution. After contrasting English with American defamation law, the court concluded (154 Misc.2d at 235, 585 N.Y.S.2d at 664):

“It is true that England and the United States share many common-law principles of law. Nevertheless, a significant difference between the two jurisdictions lies in England’s lack of an equivalent to the First Amendment to the U.S. Constitution. The protection to free speech and the press embodied in that amendment would be seriously jeopardized by the entry of foreign libel judgments granted pursuant to standards deemed appropriate in England but considered antithetical to the protections afforded the press by the U.S. Constitution.”

¶91The decision in Bachckan is consistent with principles adopted by the United States District Court for the District of Hawaii in DeRoburt v. Gannett Co., Inc., 83 F.R.D. 574 (D.Hawai’i 1979). There, the issue involved the appropriate *601choice of law in a libel action brought in Hawaii by the President of Nauru against an American publisher and its subsidiary in Guam. Because Hawaii had not yet adopted a choice of law rule for defamation cases, the plaintiff urged the court to apply the English common law of Nauru under the rule of lex loci delicti. 83 F.R.D. at 577. The court rejected the plaintiffs argument, deciding instead to adopt a rule that recognized both “the interests of the affected parties” and the “relevant policies of the forum.” Id. at 578, 579. Ultimately, the court held that the law of Nauru should only apply insofar as it was consistent with First Amendment principles. The court reasoned (83 F.R.D. at 579-580):

“It is the policy of the forum state and Guam that critics of public officials and public figures receive the protection afforded by the First Amendment. The importance of this policy cannot be overstated. It is a principle fundamental to our system of constitutional democracy ‘that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.’ To insure the vigorous, candid and unfearing disclosure of information concerning public officials, the Supreme Court held that the alleged defamer of a public official enjoys the constitutional protection of the ‘actual malice’ standard which requires a public official suing for defamation to show that an allegedly defamatory remark relating to his official conduct was made ‘with knowledge that it was false or with reckless disregard of whether it was false or not.’ ... The English common law of libel adopted by Nauru contains no such safeguards____”

¶92See also Desai v. Hersh, 719 F.Supp. 670 (N.D.Ill.1989), aff'd, 954 F.2d 1408 (7th Cir.1992) (holding that the First Amendment applied extraterritorially to preclude a public figure plaintiff from recovering based upon the publication in India of a book involving United States foreign policy).

¶93Moreover, recognition of English defamation judgments could well lead to wholesale circumvention of fundamental public policy in Maryland and the rest of the country. With *602respect to the sharp differences between English and American defamation law, Professor Smolla has observed (Rodney A. Smolla, Law of Defamation, supra, at § 1.03[3]):

“This striking disparity between American and British libel law has led to a curious recent phenomenon, a sort of balance of trade deficit in libel litigation: Prominent persons who receive bad press in publications distributed primarily in the United States now often choose to file their libel suits in England. London has become an international libel capital. Plaintiffs with the wherewithal to do so now often choose to file suit in Britain in order to exploit Britain’s strict libel laws, even when the plaintiffs and the publication have little connection to that country.”

¶94See also Geoffrey Robertson Q.C. & Andrew Nicol, Media Law, 65 (3d ed. 1992) (“British libel law is so notoriously favorable to plaintiffs that an increasing number of forum-shopping foreigners are taking action in London against newspapers and books that are printed, and mainly circulated, abroad”); Bruce W. Sanford, Libel and Privacy, supra, at § 2.2 (“The need for familiarity with English libel law has increased with greater use of news material beyond national boundaries, forum shopping by internationally prominent libel plaintiffs, and the arrival of multi-million dollar damage awards in England”).

¶95“At the heart of the First Amendment,” as well as Article 40 of the Maryland Declaration of Rights and Maryland public policy, “is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern.” Hustler Magazine v. Falwell, supra, 485 U.S. at 50, 108 S.Ct. at 879, 99 L.Ed.2d at 48. The importance of that free flow of ideas and opinions on matters of public concern precludes Maryland recognition of Telnikoffs English libel judgment.

¶96CERTIFIED QUESTION ANSWERED IN THE AFFIRMATIVE. APPELLANT VLADIMIR TELNIKOFF TO PAY COSTS.