header-logo header-logo

Bulletin board post slanderous not libellous?

14 August 2008
Issue: 7334 / Categories: Legal News
printer mail-detail

Defamation

Potentially defamatory posts on an investor’s bulletin board were more like slander than libel, a High Court judge has ruled.

And since the test for slander in English law is more rigorous than that for libel because actual financial loss must be proved, potential claimants will have a tougher time winning damages.

In Nigel Smith v Advfn Plc and others, Mr Justice Eady said bulletin board discussions were read by few and often by readers sharing the same interest. Michael Coyle, solicitor advocate at Lawdit Solicitors, says: “The judge commented that when considered in the context of defamation law, therefore, communications of this kind were much more akin to slander than to the usual, more permanent kind of communications found in libel actions.”

Until this case, Coyle says, the perceived wisdom was that that defamatory statements in newsgroup postings, e-mails or on web pages were libellous and that statements made in the course of internet relay chat such as MSN were slanderous.

“However Eady J seems to be suggesting that bulletin board postings should now be treated as slander,” he adds.

Issue: 7334 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll