header-logo header-logo

Bulletin board post slanderous not libellous?

14 August 2008
Issue: 7334 / Categories: Legal News
printer mail-detail

Defamation

Potentially defamatory posts on an investor’s bulletin board were more like slander than libel, a High Court judge has ruled.

And since the test for slander in English law is more rigorous than that for libel because actual financial loss must be proved, potential claimants will have a tougher time winning damages.

In Nigel Smith v Advfn Plc and others, Mr Justice Eady said bulletin board discussions were read by few and often by readers sharing the same interest. Michael Coyle, solicitor advocate at Lawdit Solicitors, says: “The judge commented that when considered in the context of defamation law, therefore, communications of this kind were much more akin to slander than to the usual, more permanent kind of communications found in libel actions.”

Until this case, Coyle says, the perceived wisdom was that that defamatory statements in newsgroup postings, e-mails or on web pages were libellous and that statements made in the course of internet relay chat such as MSN were slanderous.

“However Eady J seems to be suggesting that bulletin board postings should now be treated as slander,” he adds.

Issue: 7334 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll