Wednesday, March 15, 2006

ISP held not liable for passively posting defamatory content

A UK court has ruled that an internet service provider (ISP) cannot be held liable for passively posting defamatory content. The court ruled that "an ISP which performs no more than a passive role in facilitating postings on the internet cannot be deemed to be a publisher at common law." The court did acknowledge that
"if a person knowingly permits another to communicate information which is defamatory, when there would be an opportunity to prevent the publication, there would seem to be no reason in principle why liability should not accrue."

The case is Bunt v. Tilley [2006] EWHC 407 (QB) (10 March 2006).

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