Actual Knowledge and Defamation

The High Court has ruled that search giant Google does not have to pay damages for defamation suffered to a UK intelligence adviser via a blogging platform which Google owns.  The court held that there was no evidence to suggest that Google knew that the comments posted were unlawful.  It was argued that Google was in fact liable for defamation because it did not delete the comments, however, whilst the court said that it was 'arguable' that Google was a publisher of the defamatory statements, there was no evidence to show that it definitely knew that the material was unlawful.  This case highlights to colleges and universities that actual knowledge of the comments posted on their websites will be considered where an action for defamation arises.  Further, the significance of a notice and take down procedure should also be realised.  

More details on this news story and access to the ruling can be accessed from the Out-Law website.  

More detail on Defamation is available from the JISC Legal website.  



Posted on 06/12/2011

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