(Reposted from the cyberia-L mailing list.)
For Immediate Release - 26 March, 1999
CR&CL (UK) Press Release - UK ISP found liable for defamation
LEEDS - This morning Cyber-Rights & Cyber-Liberties (UK) criticised
a
High Court ruling involving liability for defamatory statements made
by a third party against Demon Internet.
Demon Internet, a major UK ISP is more likely to be found liable for
defamation in a case against Dr. Laurence Godfrey, a London-based
nuclear physicist. Demon will appeal against today's pre-trial court
ruling by Mr Justice Morland in London's High Court.
According to a press release by Demon Internet, "the point of law
being decided centres around whether Demon Internet, an Internet
Service Provider, is responsible for the information that is posted
to
and made available from newsgroups that are held on Demon Internet's
servers." It should also be noted that the case arises out of a
posting made by an unknown individual in the US, and not by a Demon
Internet customer.
Cyber-Rights & Cyber-Liberties (UK) believes that this decision will
have a profound effect on cyber-speech and UK ISPs will be forced to
monitor and censor third party content going through their servers.
The ruling, if not reversed on appeal would make Britain, a very
hostile place for network development in the Information Age.
Mr. Yaman Akdeniz, Director of Cyber-Rights & Cyber-Liberties (UK)
stated that:
"The decision will have a chilling effect over the Internet
communications and will force the UK ISPs to take a pro-active role
in
relation to Internet content. This is most undesirable and
unacceptable. The Defamation Act does not give adequate protection
to
the ISPs and unfortunately the ISPs remain as the `usual suspects'
when civil claims through defamation suits are brought against
them."
"It is also totally unacceptable that an offended party should
simply
notify an Internet Service Provider claiming the information to be
legally defamatory. The current state of the UK laws forces the ISPs
to be the defendant, judge, and the jury at the same time. Notice
should not be enough in such cases."
Cyber-Rights & Cyber-Liberties (UK) will support Demon's case during
the appeal process.
Notes For the Media:
This press release will be available through at
http://www.cyber-rights.org/press/
