ISPs and defamation law: hold fire, Robert Jay | Ashley Hurst
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.
lawyerhead 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.
- This is also why the European legislators have examined more than 10 years that some Internet intermediaries (or "providers of information society" as they are called in confused Directive e-Commerce 2000) consider these issues carefully and decided that some but not all Internet intermediaries deserved immunity from prosecution in connection with third party content. This is in stark contrast to the situation in the United States, where all Internet intermediaries are virtually immune from being sued for damages for defamation. But despite clear legal defenses for Internet companies in the UK, to draw the line between publishers and non-publishers has not been easy for our judges. In 1999, Demon Internet responsible for defamatory statements in a forum hosted after being informed of the case, but not eliminated by 12 days (even if it is liable for damage sustained during the period of day 12). This case has since led to the undesirable practice of Internet intermediaries simply removing material challenge without much scrutiny, causing a chilling effect on freedom of expression.
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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