The Thanet Star

UK Laws Unfair to UK Bloggers

Written by Matt B · first published 18/11/2009

Following on from my last post on the subject of blogging and liability Euroferries are made of green jam and the very good comments that have been added I have taken a deeper look at the state of British law.

Saying our laws on the subject of libel are out of date and dangerous is an understatement. They have been publicly recognised as out of date and in dire need of reform for the last ten years or more.

Back in 2002 ISPs and libel laws were under review with the opinion that the law needs to change. seven years later and things remain as ever they have done.

The problem appears to be that back in May 1998 physicist Laurence Godfrey used a fraudulent e-mail post that contained obscene and defamatory material about him to sue Demon Internet U.K. for libel. Demon for some reason simply settle out of court and set a president that disfavours all ISPs.

The BBC reported recently that Index on Censorship have said that the strict laws are used by wealthy foreign individuals to "bully people who try to hold them to account". Not a good sign for our brave bloggers trying to hold our local councillors and businesses to account.

The BBC goes on to quote John Kampfner, chief executive of Index on Censorship, saying There are US States who view English libel law as so damaging to free speech they have passed laws to effectively block the decisions of English judges.

Recommendations include Making some internet comments exempt as part of efforts to reflect the arrival of the world wide web. Something we have seen the need of first hand.

No wonder ECR blogs without his real name.

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Public Comments

Richard Eastcliff wrote:

John Kampfner also heads up the Turner Contemporary Trust. Do you think he'd be interested in helping a couple of Thanetians fight these crappy libel laws?!!?

18/11/2009 16:42:14

Dave wrote:

If you want to set up a blog and not risk being sued then do it in Swindon. The council there have just announced that they are setting up a wireless network to cover the whole town for free. I know Matt that you are a computer wizz so can you see how they can apply the libel law if you have used this network and used a noms de plume?

18/11/2009 17:13:04

Jack wrote:

And we will get anon comment filters and not even read them.

There is one blogger in Thanet who uses his own name, says exactly what he means, names people.

And no one sues him. Why ? Because he is prepared to face them in court and they know it.

And he is the one not calling for a change in libel law.

18/11/2009 18:29:00

Richard Eastcliff wrote:

Indeed Jack. I presume you are referring to Cllr Moores there, who must be very happy with the current state of our libel laws as they allow him to chuck out unsubstantiated libel threats for free whenever someone writes something he doesn't like!

19/11/2009 10:38:23

Matt B wrote:

I have had one of those aforementioned threats of a libel case. It seemed to me the doc is most proud of the people he has sued.

Mind you I also imagine that Richard Card would not exactly back down being more than ready, in my opinion, to take several topics to the courts.

Dave, I can both see how an open wifi network could be used anon and still traced but I could also tell you how to be very, very hard to trace.

Richard, perhaps John Kampfner could be persuaded to comment on the issue. That'd be interesting.

20/11/2009 20:58:26

SEO Manchester wrote:

@dave, Swindin eh? so they have a huge wireless network blanketing the town? This is interesting, and people can connect for free?

22/11/2009 17:03:26

Matt B wrote:

@SEO Manchester - I'd prefer you used a name rather than keywords but welcome to the Thanet Star I hope you like what you find here.

26/11/2009 13:10:33

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