header-logo header-logo

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

Bulletin board post slanderous not libellous?

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll