Website jurisdiction

[davidbcn]

Let's assume the following situation. I have a website which deals with user generated comment. Both website and domain are hosted in the US. Let's say I created and operated the website while living in France, but now moved to the UK. If someone wanted to sue me for a comment found on my web, would I be liable for it under which jurisdiction? The website is owned by myself (no company) and monetises through ads if that helps.

Let's also imagine that at a later point I decide to move to Australia. What would the implications be? Should I replace my website TOS everytime I move to a new country / estate (thinking about the US case)?

 

[lellis]

Anywhere the defamatory material was published, in accordance with the local laws of the particular jurisdictions. Your presence in one jurisdiction or another is irrelevant, other than for the purpose of serving the proceedings in the first instance (which can be got around anyway by substituted service).

 

[davidbcn]

Anywhere the defamatory material was published, in accordance with the local laws of the particular jurisdictions.

There is one thing I don't understand. What role does the country where the website is hosted play? Being an online service, what would the meaning of "published" be? Would "published" be a synonym for "hosted"?

Also, if the website is operated by a Ltd. would the liability go to the company or the website operator?

Thank you for your time.

 

[Nuno]

It depends on local law but assume you can be sued locally where ever the servers/hosting is. (People are sued in the UK for comments on American websites because our libel laws favor the rich.)

If you want to avoid liability register a nominee Ltd company in The Cayman Islands and run it through that. Not cheap but an effective two fingers to anyone that is libeled: see Guido Fawkes blog.

 

[davidbcn]

It depends on local law but assume you can be sued locally where ever the servers/hosting is. (People are sued in the UK for comments on American websites because our libel laws favor the rich.)

If you want to avoid liability register a nominee Ltd company in The Cayman Islands and run it through that. Not cheap but an effective two fingers to anyone that is libeled: see Guido Fawkes blog.

Thanks for your reply. I reckon this could be a rare situation but I'm just curious about the legal issues. I have some comments:

1. Is there still libel tourism in the UK? I thought there was an Act that somehow abolished it during this year.
2. Is it necessary to go to The Cayman Islands. That place sounds dodgy to most people. Why not just do it in Delaware who also provides (as most US states) better laws (free speech, etc) when compared to UK?
3. By "nominee Ltd" you mean using a nominee director? I'm not sure if that would help, considering that whenever a legal issue (or any other issue) happens they don't hold responsible (which is expectable)