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Information Technology LawThe Law and Society

Information Technology Law: The Law and Society (5th edn)

Andrew Murray
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date: 25 April 2024

p. 1677. Defamationlocked

p. 1677. Defamationlocked

  • Andrew Murray

Abstract

This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. The chapter looks at the Defamation Act 2013 and discusses when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. It also analyses a number of cases on tort and its defences including cases: Dow Jones v Gutnick, King v Lewis, and Jameel v Dow Jones and Riley v Murray. The chapter discusses intermediary liability, particularly the liability of internet service providers in the UK, by citing decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia and MTE v Hungary as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.

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