Post Lockton, Anna Caddick & Hugh Tomlinson QC salute the flexibility of Norwich Pharmacal orders
Norwich Pharmacal orders are increasingly sought against internet service providers to discover the identity of individuals who use the internet anonymously as a tool to harass or defame. Although service providers do not usually contest the applications, they require court orders before disclosing the private contact details of their customers.
Where the service provider is based in England, or has business premises here, applications are usually straightforward. If the service provider has an anonymous customer who is, for example, sending abusive or threatening e-mails or making defamatory postings, then the court will order the disclosure of their name and contact details. However, the service providers that have access to the necessary information are often based in the US with no relevant English place of business. This applies, for example, to Twitter, Facebook, MySpace, Wikipedia and Google. These companies will usually not oppose orders being made but do not submit to the jurisdiction of the English courts.
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