Demon Internet Ltd says it will appeal against the judgement by the
High Court that says the UK ISP is responsible for hosting libelous
messages. The judgement could open the floodgates for hundreds of
similar cases.
In the latest stage of the court battle between Demon, owned by
Scottish Power, and Laurence Godfrey, a university lecturer, the
ISP was told its defense of 'innocent dissemination' - used by
bookshops, printers and ISPs -- did not apply. The case hinged
around the fact that Godfrey had informed Demon that it was hosting
libelous material, and Demon refused to remove it on the grounds
that it was not its responsibility to do so.
Demon now claims that ISPs all over the UK are open to libel
claims, and that the countryÆs e-business could suffer as a result
of seemingly draconian laws. "WhereÆs it going to stop?" asked a
Scottish Power spokesperson, "UK business could end up losing
customers hand over foot."
Godfrey filed a successful suit against the writer of the offending
message, which was posted to the newsgroup soc.culture.thai earlier
this year. A court awarded 15,000 pounds ($24,000) against Michael
Dolenga, a Canadian college student, who refused to accept the
British courtÆs jurisdiction on the matter. The original conflict
arose when Godfrey allegedly made remarks concerning CanadaÆs
national identity, and Dolenga responded with abuse of a more
personal nature.
It is not the first time Godfrey has pursued such a course of
action. He has made a number of similar and successful suits over
the past five years, in New Zealand and Australia. A Scottish Power
spokesperson described Godfrey as "a character".
