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Tag: Ashley Hurst (Page 3 of 3)

Internet Libel, Part 2: A new streamlined procedure for declaratory relief? – Ashley Hurst

The Government has recognised when drafting clause 5 of the Defamation Bill that there is a need for individuals and companies to be able to complain effectively to internet intermediaries in respect of libellous content but that internet intermediaries need greater protection from liability for content for which they are not responsible. However, as discussed in the first part of this post, in trying to strike a balance between claimants’ reputations and freedom of speech, perhaps the most difficult issue is how to deal with anonymity. Continue reading

Internet Libel, Part 1: What makes it Different? – Ashley Hurst

Despite the growing number of internet libel cases in recent years, most of the debate around libel reform has concerned the chilling effect of UK libel laws on the newspaper industry. However, there is perhaps a greater chilling effect happening as a result of European intermediary liability laws, which have led to internet intermediaries removing defamatory content without a great deal of scrutiny. At the same time, many genuine victims of online defamation are being left without a remedy due to the challenges of taking action against anonymous users. Continue reading

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