Demon Internet Ltd, the internet service provider subsidiary of Thus Plc, which was formerly called ScottishTelecom Plc, is facing a precedent-setting libel case that could decide that ISPs are liable for illegal material hosted on their servers. It is the second suit filed against the ISP by the litigious university professor Laurence Godfrey, who won a case against the London-based firm in March.
Godfrey accused Demon of publishing libelous material, after a newsgroup posting from Canadian student Michael Dolenga, which contained offensive personal accusations about Godfrey. This flaming which is common practice in many newsgroups, was allegedly in response to remarks made by Godfrey about Canadians. Dolenga lost the libel case against him but refused to pay the damages ordered by the British court.
In March, the High Court found that Demon could not hide behind the defense of innocent dissemination used by ISPs and telcos under the Defamation Act, as Godfrey had alerted the firm to the presence of the material. Now Godfrey claims that as the poster of libelous material was a known ‘repeat offender’ a subject of earlier complaints, Demon is liable for publishing his comments globally. Due to the nature of Usenet, where postings are automatically replicated between servers worldwide, the implications are significant.
Demon issued a statement yesterday saying: As with Dr Godfrey’s other claim against Demon, we are preparing for the case and will vigorously contest the issue. Demon Internet will also continue to campaign in the interests of internet users to ensure freedom of speech and an appropriate legal framework.
