Introduction

A defamatory statement ("libel" or "slander") is one which lowers someone in the estimation of right thinking members of society, or may lead to their being shunned or avoided by others, and has been published to a third party unless he can rely on one of the available defences.

Third Party Publication

Many website operators have interactive online publications and include message boards and chat rooms on their sites. Both allow third parties to publish material on the website, and the website operator will be potentially liable for the material placed there by the third party, whether or not they are aware of the content of the material. This is because commercial publishers cannot rely on the so-called 'innocent dissemination' defence introduced by section 1 of the Defamation Act 1996.

Hyperlinks

An online publisher is potentially liable for any defamatory material on the page to which the hyperlink takes the user on the other site. In this respect the user will need to be careful that the content of the page that the user is linked to does not change without the user's knowledge. A suitably worded disclaimer which is prominently made in relation to the hyperlink may assist in this regard.

Liability of Internet Service Providers

Unless it can rely on the 'innocent dissemination' defence referred to above, the Internet service provider (ISP) will face potential liability for any defamatory statements the user publishes. This means that in certain circumstances the ISP will attempt to influence the content of the user's online publication under threat of closing the site down.

World Wide Publication

Publishing online is effectively publishing to the world. This means that if the user publishes a defamatory statement on the Internet, the user is potentially going to be at the mercy of any number of legal jurisdictions, which have different legal rules.

© Davenport Lyons 2003 All rights reserved

This document reflects the law and practice as at May 2002. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.

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