In an article in Legal Week last year, I argued that because the web depends upon the free flow of content, and English defamation law places perhaps the most stringent constraints on content in the world, we might well see Human Rights Act (HRA) challenges to defamation law from this business sector.
In particular, I argued that the decision in Godfrey v Demon might be open to challenge. That case established the liability of an internet service provider (ISP) for defamatory content posted on chat rooms hosted by it once it has been notified. This is the so-called ‘notice and take-down’ requirement.
