Online Libel Rules

[nobody@REPLAY.COM (Anonymous)]

UK - New Rules For Online Libel Called For
     
Wokingham, Bershire, England, 31 January 1996 --
CompuServe, Europe Online, and Microsoft Network (MSN),
have banded together to lobby the British Government for
a clear definition of the legal rules for online libel. 

In British law, libel is defined as a defamatory
statement. Because of the "new" nature of online
services, however, online libel is treated as something
of a gray area as regard legal issues.

In a joint submission to the Lord Chancellor's
department, the three online companies claim that online
service providers typically cannot control the content of
messages that users of their services or the Internet,
send.

The companies are recommending that the online service
provider not be held responsible for libels statements
made online, unless the service provider has "reasonable
notice" that a libels statement has been transmitted on
to its system, and "has the ability and the authority 
to prevent" its publication, but "fails to do so" within
a reasonable time.  

According to Andrew Gray, European business manager with
CompuServe, the Chancellor's Department is currently
conducting an extensive review of UK libel law to deal
with a number of current problems. Based upon this
review, the Government is expected to introduce new libel
legislation this spring.

"We applaud the Lord Chancellor's Department's efforts to
bring the defamation law up to date. We hope that the
upcoming legislation will deal effectively with the
problem of libel that takes place over an online service
or the Internet," Gray explained.

Andreas Breijs, manager of Europe Online, meanwhile, said
that online services are not like traditional newspapers
or magazines. "These services are more like a railway
train, where the operator may own the passenger cars, but
has no idea what the passengers may be saying to each
other, and no way of controlling their conversations," he
said.

Judy Gibbons, manager of Microsoft's MSN operating in the
UK, said that the major online providers work hard to run
responsible services. "They should not be penalized for
the actions of unrelated individuals who might happen to
make libelous statements using their services without the
knowledge or consent of the service provider," she said. 

Alistair Kelman, a lawyer specializing in information
technology (IT) affairs, said that he was not surprised
by the online services' request to the Lord Chancellor's
Department, especially given the current situation.  

"There is no case law on this subject and it is likely
that a test case will come sooner, rather than later. The
Government is keen on a clarification on the issue, as it
is itself publishing a lot of its information on the
Internet, in the move towards a more open and IT-relevant
Government," he explained.

Peter Sommer, an IT security specialist and Fellow of the
London School of Economics, said that, far from being
just another publishing medium, it was important that
people understand that the Internet is very similar to a
telephone line.

"If I libel someone over the phone, you're not going to
involve the telephone company, are you? It's the same
with the Internet and some online services. Of course, if
the online service has the ability to remove someone's
comments and does not do it, then it's a different matter
and that is what the definition by the Lord Chancellor's
office is all about," he said.

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