Quote:

Unfortunately there are both laws and precedent in this area.

http://www.theregister.co.uk/1999/03/26/demon_libel_loss_could_cripple/


IMO under Godfrey v Demon the Mumsnet case would fail unless they can prove that the site owners were wilfully allowing the postings to stay there. If the threads were being deleted as they were notified or found then I think they would be ok. If the owners saw the posts and left them there then they could be in trouble. And all this assumes the posts are defamantory anyway.

My guess is that all the legal stuff has cost this Ford woman quite a bit of money and she doesn't want to be the one paying for it. If the posts are defamatory she should get a court order and sue the people who made them. I can't find the story, but a local MP sued somebody for posting some pretty defamatory claims on a Yahoo Group. edit: here They applied for court orders to get the woman's identity and she paid several thousand pounds in damages and costs.

I have seen a couple more related problems - one is a chap who runs a road safety/speed camera campaign. Various people have made "dodgy" comments about an employee of a Safety Camera Partnership. It came to a head when he faxed a complaint to the ISP on Police letterheaded paper and they yanked the site for a few hours. Somebody made an official complaint but they semeed to think it was ok for him to pursue a personal and civil matter using police resources...

edit: tahir - should should real Godfrey v Demon cover-to-cover. Virtually any UK libel action related to the internet would refer to it.

Gareth


Edited by g_attrill (08/08/2006 17:26)