Sunday, January 27, 2013

ISPs and defamation law: hold fire, Robert Jay | Ashley Hurst

Definition of

ISPs as publishers within the law of defamation would be totally impractical

Although online problems are not covered in detail by the Leveson inquiry, Robert Jay QC said the Singapore Academy of Law on Liability of Internet Service Providers (ISP) for earlier this week are amazing.

lawyer

head of research seems to have suggested one possible answer to the problem of online defamation is "creative solution" to bring the ISP "in the field of" editors "for purposes of the Act defamation "and put the responsibility to ensure that ISPs do not allow their customers access to defamatory. Not surprising that the suggestion has received some Internet enthusiasts reaction.

I can only assume that Jay did not really intend to suggest that all Internet intermediaries should be held responsible for third party defamatory this post on their websites and platforms forms. This legislation would not only be a serious setback for online development, but would be completely unworkable in practice.

The term "ISP" is an acronym that is used very often without thinking much about what it really means. It is most commonly used in the industry to describe a provider of broadband Internet access to the Internet, such as Sky, but is also used loosely to describe other types of Internet intermediaries, including including hosting providers such as internet platforms like Facebook and Blogger.com Demon, and even search engines like Google.

However, the application of the law of defamation these intermediaries are not all the same functions and can not be grouped in the same category as Jay seems to have done.

However, other recent cases have gone elsewhere and provide greater protection for Internet intermediaries. In particular, Google has successfully defended claims recent defamation as well as the owner of a search engine operator Blogger.com, even not taking immediate action after being notified of the defamatory publication is relevant. We are currently awaiting the Court of Appeal to decide whether you agree with any of these decisions in the case of v Google sieve. When the judgment is published, it should be a detailed account of the circumstances in which Internet intermediaries become publishers for libel and the case will be much clearer.

This issue was also discussed at length by the House of Lords last week in the context of defamation sick. Article 5 is to provide a new defense for website operators and encourage complainants and responsible Internet users posting defamatory resolve their disputes whenever possible without putting website operators in an impossible situation. Judge and jury

Their Lordships quickly realized that this area of ??law is a matter of balance between the protection of reputation and freedom of expression: Of course, Lord McAlpine should be able to write on Twitter and expect serious false allegations of pedophilia to retreat quickly, as it actually happened. But that does not mean that website operators, search engines, hosting providers, and Internet platforms should be diverting resources from innovation to employ armies of lawyers to fight against defamation suits for defamation or material by simply removing the complaint for fear of prosecution. Google may be able to afford it, but I doubt Mumsnet possible.
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