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Internet Libel

The same rules apply for the internet as most other areas of the press. If the words published on-line are defamatory, the author and publisher can be sued. They can then use the defence of justification, fair comment, privilege.

What is different though is the recognition that ISPs do not fall into the traditional categories of author or publisher. They can defend a claim for libel if:

·         It was not the author, editor or publisher;

·         If reasonable care was taken;

·         The ISP had no reason to believe that it caused the publication of the defamatory statement.

An ISP may fall foul of the law if it knows about the defamatory statements but does not react fast enough to remove them.

The World Wide Web = Actions World Wide

Your defamatory statement can appear on any internet terminal around the world. Therefore litigation can be brought in each country.