Defamation, libel etc ... online

[Vincent]

As a matter of interest - how do you avoid getting sued if a member on here defames or libels another? Are UK Business Forums liable as the publisher?

Even if a posting is edited or removed, surely, in theory, a libel has already happened, and there is the potential for a big problem?

I'd be interested to know what the legal position is. If a magazine published a defamatory or libellous article, it can be sued. Is a website any different?

[Ozzy]

It's a tricky one. There was a test case in the UK a few years ago (Godfrey v Virgin) where some derogatory posts about Godfrey were posted on a virgin.net message board. Godfrey asked for them to be removed, and was refused. He went to court and won.

On UKBF we will usually remove any posts we believe would be libellious, and almost certainly will remove a post if requested to do so by the parties involved.

[Vincent]

yes - that seems to be the sensible approach. What worries me is whether, even if all the pragmatic safeguards are in place, a litigious so-and-so (naming no names - but a popular fiction novelist and recent resident at Her Majesty's pleasure comes to mind!) could successfully sue just because something libellous appeared on a message board, even though subsequently removed.

Anyone know the hard-and-fast legal position? Is there one?

[Balls]

There is still no authority on the subject because of the seamless nature of the internet. However, the established principles still apply till a solution (perhaps from Gutnick vs Harpers if they do not settle first) which will be binding on all jurisdictions is found.

As a guide, I understand the rules still place a significant amount of responsibility upon the publisher although this is to be balanced with all the available controls to filter and edit out offending materials in time (which is available and must be applied by forum moderators).

Once published, a retraction and apology will normally do. However if the material goes unnoticed and uncorrected for a while then the case of a fresh publication or a continuing defamation may be brought against the publisher.

We must also remember that there are valid defences available on libel (defamation). So In concluding I would suggest that whatever is posted on sites like this forum are best moderated and edited by being kept in limbo till the editor has an opportunity to view it to avoid any traps.

[stugster]

This thread has been bumped, just to annoy dave_n :D

His topic can be found here: http://www.ukbusinessforums.co.uk/forums/showthread.php?t=54161

Namely, disabling the ability to bump old threads.

Dave: this thread is from July 2004... Unfortunately I couldn't get the one about the "New Forums Online!" from Ozzy's first post... but this will do :D

[Eagle]

Litigation over a forum comment is unlikely unless it's by a big company - have you any idea how much libel cases cost?... Six figures+.

[buhh]

So, you are saying that if someone talks viciously about your company you don't have any protection against it as most of people cannot afford to pay six figure sums to lawyers?

[Antonia @limeone.com]

There have been some much smaller cases but as litigation in this area is still expensive it does tend to exclude the small businesses. However it is now possible for a small business to protect their IP via insurance which picks up the legal costs of bringing a case and more clients who protect their IP via trademarking are taking the insurance to ensure they can protect it.

[I, Brian]

Litigation over a forum comment is unlikely unless it's by a big company - have you any idea how much libel cases cost?... Six figures+.

Doesn't matter - it's good publishing practice to avoid allowing outright libellous comments to be published.

In the meantime, my company was threatened with libel actions 3 times last year because of posts on different forums I run.

In each event, the publisher must justify the publishing of such comments, because legal precedent has already been made that publishers are legally liable.

That means it may not at all be against a small company's interests to sue for libel, on the grounds of the compensation and publicity it could generate.

2c.

[Peterborough Business]

I will soon have three unmoderated forums to worry about. One started badly and seems to have settled down, my two new ones are in more civilised areas of interest and benefit from a bit more learning on my part.

My day job as a magazine editor prepared me with an understanding of the libel laws but forums are quite different.

Once a libel appears in print there is a degree of permanence. Digital publishing allows for the editing and removal of offensive posts and gives publishers the opportunity to 'do the right thing'.

My understanding is that in most cases if a posting is removed at the earliest opportunity after a complaint and that a publisher is taking reasonable steps to ensure problems are kept to a minimum (moderation, registration using a valid email address, IP address records, user banning) a prosecution will be less likely.

Other forum users who value the service can play a vital role in policing abusers off the system, too.

Recognising a libel may be an issue, too. If somebody says my business delivered a crap service, I need to be sure that it isn't 'fair comment' before I can proceed with legal action. One problem that arises is that many 'fair comments' are removed following complaints from companies who might have delivered a crap service. They are able to hide behind web publishers' fear and ignorance of the law.

[johnnyvagas]

I have a business that deals within the media industry. We are quite high profile in the UK. A person that we used to have a close working relationship albeit she wasn't an employee with is using the social networking sites not only to disclose our working practices but to slander and libel ours. The person in question has used the network we use to set up her own agency and is slating ours to people who we procure work from. Most have phoned me to tell me this and although we haven't lost any custom yet from these people I'm confident that we have lost new business and as we are a brand as well the confidence, the feel good factor that we have built up has been shattered. The person in question has also tainted the people we have on our books as an agency to elevate her own status and to harm us at the same time. I have a lot of sceenshots of statements from her that are about us and are all false. Can you advise me if I can sue for libel (written) or slander if I can prove that she has spoken to people about us. The person in question has been doing this over a period of about a month