• September 25.2008

UK: prosecution of abusive anonymous comments

Posted by Jean Yves Chainon on October 22, 2007 at 9:30 AM
A second court ruling within days may mark a switch in policy over a commonplace Internet practice: anonymous – and scurrilous – posting. A website may be forced to reveal the identities of fans of the Sheffield Wednesday football club, who could face libel charges after posting comments about the club’s management.


In the previous case last week, John Finn, owner of the Sunderland property firm Pallion Housing, said he was to be cross-examined and admitted being in charge of a website that hosted a propaganda campaign against a rival property firm, Gentoo Group.

"This case illustrates an increasingly important legal issue: proving who is responsible for the publication of anonymous material on the internet. This is likely to be a significant issue in defamation cases in the future," said Dan Tench, of Olswang, the law firm representing Gentoo.

In the case of the Sheffield Wednesday fans, the judge ordered that the identity of three of the 11 fans were to revealed, since their postings might "reasonably be understood to allege greed, selfishness, untrustworthiness and dishonest behaviour”.

According to the judge, the fans’ right to anonymity was outweighed by the managers’ right to protect their reputation. The identity of the other eight fans, whose postings were deemed to be merely abusive or to be understood as jokes, didn’t have to be revealed.

At a time when many consider the ethical landscape of the Web to be some kind of a Wild West, these back-to-back rulings could pave the way towards more regulated user-comment policies, both for websites and users.

Source: Guardian

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3 Comments

This is an interesting post. Internet penetration in China still has a long way to go. I can only imagine what will happen to Chinese newspapers once greater penetration has occurred. However, since most of the leading newspapers have very good internet sites (often in English as well as in Chinese), I am not sure they will be all that affected. The newspapers in China are state owned so the more the news goes on the internet, the more likely it is for there to be greater diversity.


China Law

daunyelle said:

please sent me this so i can do my home work
thank you!!

steely said:

I think you are referring to fans of Sheffield Wednesday FC, not 'the Sheffield football club' which is another club entirely (the oldest in the world).

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