Civil Litigation Solicitors

Is Your Website a Time-Bomb?



Not so long ago, virtually all websites had some sort of business purpose. However, the ‘social networking’ phenomenon has led to the creation of hundreds of thousands of websites which exist primarily for the exchange of information, which may be uninformed – or worse. The problem is exacerbated by ‘open’ websites, such as blogs, which allow public access to the site content, presenting the danger that libellous material may be published.



Allowing uncontrolled vilification of a person or company is unlikely to be well received by the subject of the abuse. Fortunately, the UK has a strong presumption of the right of freedom of expression. However, that right is not unlimited and the law also gives legal persons (i.e. including companies and associations) the right not to be the subject of false and defamatory allegations.



The law of libel requires a claimant to show that a defamatory statement about them has been made by the defendant in a form which has been seen by at least one other person. The right to sue runs for a year from the date of publication – and each time the defamatory comment is republished, the clock starts again. There is no inherent difference between a website and (say) a newspaper in English libel law.



There are various defences to an action for libel, the most important of which is that the statement made was justified (i.e. true). It is also a good defence to show that the publication was done innocently, which means that the publisher was unaware that defamatory material had been published by him and that his ignorance of that fact was not negligent. This defence is difficult to sustain, however, especially if the publication is a commercial one.



The most effective solution if you operate a blog or similar open website is to review the material on it reasonably frequently and remove anything which may be defamatory. If a complaint is received, action should be taken immediately.



It should also be remembered that the law of copyright applies to the web as well as to paper publications. Publishing material gleaned from the Internet but written by someone else, without their permission or an appropriate licence, is a breach of copyright. If the material has commercial value, a claim for damages may result.





Partner Note

There is a fairly comprehensive review of the current state of play in this area in the New Law Journal 14 and 21 March 2008, pp 387-9.