If the words published on-ine are defamatory, the author and publisher can be sued as in other areas of the press.
The defences of justification, fair comment, privilege can then be used.
However, ISPs cannot be placed into the traditional roles of publisher and author. ISPs can defend a claim for libel in certain circumstances, namely it was not the author, editor or publisher; if reasonable care was taken and The ISP had no reason to believe that it caused the publication of the defamatory statement.
An internet site may also be vulnerable to libel if if it knows about the defamatory statements but does not react quickly enough to remove them. A defamatory statement can appear on any internet terminal around the world, which means that litigation can be brought any country.
Article kindly supplied by Lawdit Solicitors, specialists in intellectual property, internet and e-commerce issues. Lawdit offer discounted fees for all Freelance Alliance members.
