Kaschke v Gray and another [2010] EWHC 690 (QB), [2010] All ER (D) 21 (Apr)
When considering whether a defendant would be entitled to the immunity conferred by reg 19 of the Electronic Commerce (EC Directive) Regulations 2002, (SI 2002/2013), the question to be asked was whether the information service provided in respect of the information containing the defamatory words which would otherwise give rise to liability consisted only of, and was limited to, storage of that information. If the service was limited only to storage of the information, reg 19 immunity would potentially be available even if it would not be available in respect of other information also stored by a defendant in respect of which the service provided went beyond mere storage.
