In the context of allegations of Internet publication there is no presumption that the words published were actually read, and no presumption that a reader who has read one article on a blog will have read all the other articles. The burden is on the claimant in this respect, and there is no evidential presumption from the presence of a particular publication on the internet that publication will be substantial.
Gray J said: ‘I am unable to accept that under English law a claimant in a libel action on an Internet publication is entitled to rely on a presumption of law that there has been substantial publication.’
Judges:
Gray J
Citations:
[2006] EWHC 1062 (QB), [2006] 3 All ER 294, [2007] 1 WLR 113
Links:
Jurisdiction:
England and Wales
Cited by:
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 – Budu v The British Broadcasting Corporation QBD 23-Mar-2010
The defendant sought to strike out the claimant’s action in defamation. It had reported that the police had withdrawn an employment offer to claimant after doubting his immigration status.
Held: The claims should be struck out. The articles . .
Cited – Kaschke v Osler QBD 13-May-2010
The claimant sued in defamation as regards the defendant’s comments in his internet blog on her historical left wing political connections. She complained that they made a connection with terrorist activities. The defendant said that the article was . .
Cited – 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 – O’Dwyer v ITV Plc QBD 30-Nov-2012
The defendant sought to have struck out the claim for defamation based on the defendant’s ‘Homes from Hell’ TV programme.
Held: The pleaded meanings failed, and an application to amend the particulars was refused. The action was struck out.
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 21 May 2022; Ref: scu.242706