Defamation and the Internet: Recent British Report Released

In its second scoping study of Internet defamation law (the "Report"), amongst other things, the Law Commissioner of England and Wales notes that some companies and their counsel are using the threat of libel suits to pressure Internet Service Providers (ISP) into removing websites set up by disgruntled customers. Rather than complaining to authors of the websites, these companies threaten the ISPs who consider the safest course under the present law is to remove the allegedly defamatory material even if the posted material is in the public interest or true. As such, the Report concludes that the current UK law may violate the right to freedom of expression guaranteed by the European Convention on Human Rights. The Report also canvasses other issues affecting the liability of online publishers such as a limitations period for claims arising from archived material, the threat of global jurisdiction in libel cases, and the fear of contempt of court prosecution where a publisher maintains archived news of past convictions which is consulted by jurors during a subsequent trial. For the complete text of the Report, visit: http://www.lawcom.gov.uk/files/defamation2.pdf For the complete text of the first Law Commission of England and Wales scoping study, titled "Aspects of Defamation Procedure: A Scoping Study" (May 2002), visit: http://www.lawcom.gov.uk/files/defamation.pdf