Saturday, May 30, 2009
What, me worry?!?!
Hi **** Here's the other link I was looking for: ...... Liability of hosts Website hosts may be liable for defamatory material created by someone else but which they host. However, there are special defences available to hosts under the Defamation Act 1996 and the E-commerce Regulations. Under the Defamation Act 1996, a website host will have a defence to a claim for libel if he can show that (i) he was not the author, editor or publisher of the statement complained of, (ii) he took reasonable care in relation to its publication, and (iii) he did not know and had no reason to believe that what he did caused or contributed to the publication of the defamatory statement. The defence under the E-commerce Regulations is expressed in similar terms. In order to have the best chance of taking advantage of these defences, a host should not as a matter of course monitor/edit the content of websites that it hosts; however as soon as the host becomes aware of potentially defamatory content, that content should be quickly removed. You'll notice the phrase reasonable care in relation to ... publication. This is a very vague description of care, and thus is a very tricky thing to maintain you did in court because it's open to much interpretation.... D*****