header-logo header-logo

Anonymity no longer guaranteed online

31 July 2008
Issue: 7332 / Categories: Legal News , Data protection
printer mail-detail

Legal news

The Internet is no longer an unaccountable “wild west” and those who wish to defame others should beware that their anonymity is no longer guaranteed, say lawyers.

In Applause Store Productions and another v Raphael [2008] All ER (D) 321 (Jul) the claimant was awarded a total of £22,000 after it was found that a former school friend had set up a fake profile on social networking site Facebook. The profile made allegations over the claimant’s sexuality and political views while detailing private information including his date of birth, whereabouts and relationship status. The defendant was traced by using the IP address of his computer. When challenged he suggested that strangers had used his computer to set up the account, a defence dismissed in the High Court as “built on lies”.

Isabel Hudson, associate and specialist in libel and privacy law at Carter-Ruck, says: “The case serves as a reminder that it’s not just the press who can find themselves on the receiving end of a libel or privacy claim. Anyone using a social networking site should think twice before posting defamatory material or private information about others.”

She continues, “As the defendant discovered to his cost, even seemingly anonymous attacks may be traced back to the person responsible. The claimant obtained a Norwich Pharmacal order that Facebook disclose its records revealing that the offending pages were created on Mr Raphael’s computer”.

Hudson says that, providing websites and ISPs act in a timely manner to remove of fending content when alerted, the liability for any false allegations will fall squarely on the individual: “Sites that do not routinely edit or moderate content have a degree of protection under the Defamation Act 1996 and the Electronic Commerce (EC Directive) Regulations 2002, if they did not know and had no reason to believe they were publishing defamatory allegations or private information.”

She continues, “This defence is lost however if the website continues to publish the offending material once it has been put on notice of it—ISPs should therefore take swift action to remove any pages which are the subject of a complaint.”

Issue: 7332 / Categories: Legal News , Data protection
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll