The respondent hosted a blogs platform. One of its user’s blogs was said by the appellant to have been defamatory. On discovery the material had been removed quickly. The claimant now appealed against his claim being struck out. He argued as to: (1) whether there is an arguable case that Google Inc was a publisher of the comments, (2) whether, if it was a publisher, it would have an unassailable defence under section 1 of the 1996 Act, (3) whether any potential liability was so trivial as not to justify the maintenance of the proceedings, and (4) whether Google Inc would have a defence, if otherwise necessary, under regulation 19 of the 2002 Regulations.
Held: The judge had correctly dismissed three of the claimas on the basis that the words complained of were ‘mere vulgar abuse’. The court rejecte dthe claimant’s attempt to add further evidence, since it could with reasonable diligence have been obtained for the first hearing.
The respondent had acted within three days of the complaint to request removal of the material, and the blog author complied quickly.
The court considered that the respondent had meely provided the platform
Lord Dyson MR, Richards, Sullivan LJJ
[2013] EWCA Civ 68, [2013] WLR (D) 65, [2013] EMLR 14, [2013] 1 WLR 2151
Bailii, WLRD
Defamation Act 1996, Electronic Commerce (EC Directive) Regulations 2002 19
England and Wales
Citing:
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
Cited – Smith v ADVFN Plc and others QBD 25-Jul-2008
The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs . .
Cited – Smith v ADVFN Plc and others QBD 25-Jul-2008
The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs . .
Appeal from – Tamiz v Google Inc Google UK Ltd QBD 2-Mar-2012
The claimant sought damages in defamation against the defendant company offering internet search facilities. The words complained of had been published in a blog, and in comments published on the blog.
Held: Jurisdiction should be declined. . .
Cited – Emmens v Pottle CA 1885
A subordinate distributor, here a vendor of newspapers, can plead the common law defence to defamation, of innocent dissemination.
Held: The vendor was prima facie liable, and therefore had to demonstrate the defence to avoid liability. He . .
Cited – Vizetelly v Mudie’s Select Library 1900
The court was asked about the liability in defamation of a circulating library who provided books to subscribers, in this case about the book on Stanley’s search for Emir Pasha in Africa. . .
Cited – Bottomley v F W Woolworth 1932
The court examined the liability in defamation of distributors of a magazine, ‘The detective story magazine’ containing the article ‘Swindlers and Scoundrels. Horatio Bottomley, Editor and Embezzler.’ . .
Cited – Byrne v Deane CA 1937
A notice had been displayed on a golf club notice board. The court considered whether this constituted publication for defamation purposes.
Held: Greene LJ said: ‘Now on the substantial question of publication, publication, of course, is a . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Bunt v Tilley and others QBD 10-Mar-2006
bunt_tilleyQBD2006
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had . .
Cited – Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others QBD 16-Jul-2009
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a . .
Cited – Clift v Clarke QBD 18-Feb-2011
The claimant sought disclosure of identities of posters to the defendant’s web-site.
Held: ‘In my view, the postings are clearly one or two-liners, in effect posted anonymously by random members of the public who do not purport, either by . .
Lists of cited by and citing cases may be incomplete.
Defamation
Leading Case
Updated: 31 October 2021; Ref: scu.470970