The Law Commission is calling on the government to review the way
the laws on defamation apply to online publishers, Internet service
providers (ISPs) and their customers.
The Commission, an independent but government-funded organisation
which advises on legal reform, said the existing law could put
pressure on ISPs to remove Web sites when they receive allegations
that a site contains defamatory material.
"When a Web site carries material to which someone objects -
rightly or wrongly - it is often easier to complain to the ISP than
the author," said Professor Hugh Beale, of Warwick University's law
faculty, who led the review.
"The problem is that the law puts ISPs under pressure to remove
sites as soon as they are told that the material on them may be
defamatory, without considering whether the information is in the
public interest or true," he added.
The Law Commission also suggested a legal redefining of the term
"publication" to limit the time during which archived material can
be legally challenged.
Beale said the government could follow the example of the US and
exempt ISPs from liability for libels carried on the Web sites they
host. An alternative would be to extend the Defamation Act 1996 to
widen the "innocent dissemination" defence.
The Law Commission investigation came a fortnight after a
controversial ruling in that an Australian citizen could sue a US
publisher for libel because a Web article was viewed there.
Australia's High Court ruled that mining magnate Joseph Gutnick
could sue publisher Dow Jones under Australian law for an alleged
libel. The ruling made no comment on the merits of the case, which
will be heard next year.
Michael Clinch, partner at law firm Picton Howell, said the ruling
highlighted the need for online publishers to be aware of the
law.
"Just because the Internet is a new technology, it doesn't mean it
needs new laws," said Pinch.
"If you are going to publish on the Internet, you must be
responsible for your actions. You must be aware of the law in your
local jurisdiction and, if you are publishing something about a
foreign person, company or entity, you must consider the law in the
jurisdiction of that subject."
US court rejects Web libel lawsuit >>