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Subject: Re: UKNM: Libel (was Lastminute.com...website or webhype?) -Reply
From: John Enser
Date: Thu, 6 Jan 2000 19:22:47 GMT

See reply interlined below:

>>> Dan Winchester <danatfreelancers [dot] net>
6/January/2000 02:25pm >>>
>> I hope you have good libel insurance :-)

>I wonder what the libel situation is here? Can the
>'publisher' be held
>liable for any (libelous) remarks posted in an open
>forum?

Yes, dependent on the facts - just like a newspaper
can be liable for libellous letters that appear in its
letters page.

>And would a web-based forum be different from a
>newsgroup?

Harder to argue that the site owner is not a
"publisher" than if you are just an ISP relaying a
newsgroup. If you are not a publisher, then you
have more defences open to you.

>I know demon was taken to court over a
>newsgroup posting, but I can't
>remember the outcome...

The case continues. See
http://www.demon.net/info/helpdesk/announce/da1999-07-05a.shtml
[declaration of interest - my firm, but not I
personally, have been representing Demon in this
case]

Disclaimer - I am not a libel lawyer, this is not legal
advice etc etc

John Enser wrote:

> I hope you have good libel insurance :-)
>
> >>> Dan Winchester <danatfreelancers [dot] net>
> 5/January/2000 04:20pm >>>
> > Customer Service is the key word for 'net
> commerce in 2000
>
> That or fulfillment...
>
> I've created a forum on UKShopSearch.com that
> allows you to [complain
> about/comment on/compliment] any online shop
> you have had experiences
> with, the idea being to then feed those
experiences
> back to other
> shoppers by tying the message into the relevent
> shop's listing.
>
> I've only had one post so far, so all contributions
> and feedback about
> the idea are welcome...
>
> http://www.ukshopsearch.com
> http://www.ukshopsearch.com/messages.html
>
> Dan
> http://dan.freelancers.net
>
> This firm is regulated by the Law Society in the
> conduct of investment business. A list of
partners
> is available for inspection at Olswang, 90 Long
> Acre, London, WC2E 9TT. This e-mail is
intended
> only for the above named addressee/s. This
e-mail
> may be confidential or legally privileged. If you
> have received this e-mail and you are not a
named
> addressee, please delete it from your system
and
> contact the Olswang IT department on +44 171
208
> 8888 (x8422).

This firm is regulated by the Law Society in the
conduct of investment business. A list of partners
is available for inspection at Olswang, 90 Long
Acre, London, WC2E 9TT. This e-mail is intended
only for the above named addressee/s. This e-mail
may be confidential or legally privileged. If you
have received this e-mail and you are not a named
addressee, please delete it from your system and
contact the Olswang IT department on +44 171 208
8888 (x8422).


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