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23-Oct-2019 01:44

This was the first defamation case involving an ISP to be tried in an English court, which means that the judgment and, more importantly, the legal arguments used to reach it, are publicly open to scrutiny.Why is an English, as opposed to an American, case important?Compu Serve, especially when the US court said: “[T]he appropriate standard of liability to be applied to Compu Serve is whether it knew or had reason to know of the allegedly defamatory…statements.” Because Compu Serve had no editorial control, it was held to be merely a distributor and, therefore, not liable for the defamation.Following that line of reasoning, the US ISP Prodigy was held liable in Stratton Oakmont v.INTRODUCTIONDEFAMATION IN THE UKANALYSISCONCLUSIONAPPENDIX 5.1 THE USAPPENDIX 5.2 EUROPEAN UNIONAPPENDIX 5.3 GERMANYAPPENDIX 5.4 SWEDENAPPENDIX 5.5 SINGAPOREAPPENDIX 5.6 INDIAAPPENDIX 5.7 BERMUDAAli runs a website in which he moderates a discussion forum.Wong posts on the forum some material that defames Mohammad. Does it matter if he only moderates the forum by deleting off-topic or irrelevant posts? February 13, 2000).violation of copyright is also a criminal offence and second, it involves international interests.In 1996, during the World Intellectual Property Organization Diplomatic Convention in Geneva, draft provisions to impose liability on ISPs and other network operators were extensively debated before they were deleted from the final drafts of the treaties.

A legitimate course of action that ISPs have to take when faced with a defamation notice is that they need to seek legal advice to determine whether a statement is defamatory.Its Defamation Act 1996 extended the “innocent dissemination” defense to ISPs.This is a somewhat technical defense but without it, a newspaper vendor would be spreading libel and would be held as culpable as the originator of the libel.Prodigy because it had “uniquely arrogated to itself the role of determining what is proper for its members to post and read on its bulletin boards.” The court held that Prodigy was a publisher rather than a distributor.

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It should be noted that the outcome in the Prodigy case was widely, though perhaps not universally, perceived as unfair.

But after January 17, when the matter had been brought to the attention of Demon, it could not succeed with its claims under (b) and (c).



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