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Wednesday, 27 February 2008

Libel: Internet

The general rule is that an Internet Service Provider will not be liable for defamatory comments appearing on pages they host. There is a statutory defence under Electronic Commerce Regs 2002, but that defence will not be available if the ISP edited the comments, or had been told about them. Furthermore, the ISP could be liable if it failed to take reasonable care about publication. The logic behind this defence is that ISPs do not participate in the process of publication, but merely act as facilitators (in the same way that the Post Office is not liable when it delivers a letter containing a defamatory statement)

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