Internet trolls and why Strasbourg doesn’t want to get involved

2879775-internet_trollDelfi AS v Estonia (Application no. 64569/09)  10 October 2013 – read judgment

This case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one of its online news articles. The following summary is based on the Strasbourg Court’s press release.

The applicant company owns one of the largest internet news sites in Estonia. In January 2006, Delfi published an article on its webpage about a ferry company. It discussed the company’s decision to change the route its ferries took to certain islands. This had caused ice to break where ice roads could have been made in the near future. As a result, the opening of these roads – a cheaper and faster connection to the islands compared to the ferry services – was postponed for several weeks. Below the article, readers were able to access the comments of other users of the site. Many readers had written highly offensive or threatening posts about the ferry operator and its owner. Continue reading

Court awards anonymity for victim of libellous “paedophile” allegations

How-to-Remove-Online-Defamation-Review-Using-Legal-Action-2ZAM v CFW & Anor [2013] EWHC 662 (QB) – read judgment

The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment:

 what is to be found on the internet may become like a tattoo.

Since the advent of internet search engines, information which in the past would have been forgotten (even if it had been received front page coverage) will today remain easily accessible indefinitely. So a libel claimant who has a judgment in his favour nevertheless risks having his name associated with the false allegations for an indefinite period.

This is just what had happened in the present case. The second defendant’s liability for libel had already been established. This hearing was to assess the appropriate level of damages for allegations he had published on the internet, in breach of restraining orders against him, suggesting the claimant was guilty of misappropriation of family funds and paedophilia.   Continue reading

Can Google be sued for the content of blogs on its platform?

google-sign-9Tamiz v Google Inc [2013] EWCA Civ 68 - read judgment

The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a “publisher” of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.

This interesting case suggests there may be an opening for liability of Google  for defamation, if certain steps have been taken to fix them with knowledge of the offending statement. Mr Tamiz, who claimed to have been defamed by comments posted on the “London Muslim Blog” between 28 and 30 April 2011, appealed a decision in the court below to decline jurisdiction in his claim against the respondent corporation and to set aside an order for service of proceedings on Google out of the jurisdiction. Continue reading

Libel on the internet: Christian author takes on Dawkins and Amazon

Mcgrath v Dawkins, Amazon and others [2012] EWHC B3 (QB) -read judgment

In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation in blog posts and discussion threads where the audience is small and the libel limited.

Background

The claimant, C,  is the author of a book entitled “The Attempted Murder of God: Hidden Science You Really Need To Know”. Published at the same time on the same general topic, but taking the opposite side, was “The Grand Design: New Answers to the Ultimate Questions of Life” by the very well-known scientist Professor Stephen Hawking and Leonard Mlodinow.  Both books were available for purchase through the Amazon UK website run by the third defendant.

Amazon includes an online public-access facility, through which any member of the public may publish their own review of a book for sale on the site, and others may post comments on that review, or on previous comments, so creating a “thread” which may be read by any internet user worldwide.  Since Prof. Hawking’s book was likely to attract far more interest among readers than C’s, he decided to raise the profile of his own work. In September 2010 he posted a purported review of the Hawking book, signed by “Scrooby”, which began by giving the details of his own book, and then went on to claim that this book “answered all doubts raised in [Hawking’s] book” and was an “antidote to this misguided book”. As the judgment continues Continue reading

The rising cost of free speech: Reynolds, contempt and Twitter

Free speech is under attack. Or so it seems. The last few weeks have been abuzz with stories to do with free speech: a Supreme Court ruling on the Reynolds defence to libel; contempt of court proceedings against an MP for comments made in a book and the latest in a growing line of criminal trials for Twitter offences. The diversity of media at the heart of these stories – print news, traditional books and online ‘micro-blogging’ –  indicates the difficulty of the task for the legal system.

Flood v Times: how does this affect calls for libel reform?

On 21 March, the Supreme Court affirmed the Times newspaper’s reliance on the Reynolds defence to libel – often referred to as Reynolds privilege or the responsible journalism defence – to a claim by a detective sergeant in the Metropolitan Police.

Continue reading

Hardeep Singh libel case reignites debate on place of religion in the English courts

Cult leader?

HH Sant Baba Jeet Singh Ji Maharaj v Eastern Media Group & Anor [2010] EWHC 1294 (QB) (17 May 2010) – Read judgment

The High Court has effectively thrown out a libel action against a journalist who claimed in an article that a Sikh holy man was a “cult leader”. The judge’s reasoning was that the disputed points of religious principle were not questions which a secular court could properly decide. In refusing to rule on such cases, are the courts taking an increasingly anti-religious view, and are they now in breach of the human right to religious freedom?

The decision was reported in mid-May, but Mr Justice Eady’s judgment was made publically available yesterday. It highlights controversial issues of whether religious believes are getting a fair hearing in the English courts, and whether “secular” judges are qualified to decide points of religious principle.

Continue reading

Libel reform watch [updated – even Wayne Rooney is affected]

Update 08/06/10: Is there no limit to the damage which restrictive libel laws can do? A Wayne Rooney biography, and possibly England’s football World Cup chances, are the latest victim of threats of libel action, says Afua Hirsch in the Guardian:

I’m not saying that information about Rooney’s background is up there with other public interest revelations that have been caught by libel law – lying politicians or innocent people dying from toxic waste, for example. On the other hand, if the Daily Star is to be believed, the book is fundamental to England’s World Cup performance. The paper claims that the book, which I haven’t read, contains “embarrassing material on the England hero” and “is threatening to derail England’s World Cup dreams.”

The law of libel and defamation sets the limits of freedom of expression. It is therefore unsurprising how many conflicting views there are on the Government’s proposed libel reforms. To keep up with this fast-moving debate, we are introducing a new feature: Libel reform watch.

Continue reading