nt is unlikely to be defamatory. If it is not defamatory in England or Australia, two countries deemed to be ‘easy’ countries in terms of successful actions, then the statement is very unlikely to be defamatory elsewhere.
The case has been severely criticised from the point of view of the potential flood of competing claims which may result from the low threshold involved in proving a sufficient jurisdictional nexus. However, these claims have not materialised. Partly because of the fact that a claimant/pursuer/plaintiff must have a reputation in the country to protect. If the legal or natural person has no reputation in the country where the claim has been brought, then the case can be successfully repelled.
EGS v. British Gas
A British Gas former employee set up his own gas supply company (EGS). British Gas sent an e-mail to thousands of employees in Transco, alleging certain things about this person and requested Transco staff not to deal with him. The effect of the e-mail was to prevent EGS from trading. EGS issued proceedings against British Gas. British Gas settled out of court for a sum in excess of £100,000.
Takenaka & Brian Corfe v. David Frankl
The English court unhesitatingly accepted the evidence of a single joint expert that an analysis of the defendant's laptop computer and the e-mail traffic disclosed by it established that the defendant was the author and publisher of a series of admittedly 英语论文网 【http://www.51lunwen.org】defamatory e-mails.
Forum Shopping
Berezovsky v Forbes Inc Whether England was appropriate forum for libel proceedings brought by Russian businessmen against US magazine when majority of magazine's circulation was in US and Canada
Mosley v. Focus Magazine Verlag GmbH
Small circulation in UK (700) therefore case was dismissed. (90,000 Germany).
Parvinda Chadha and Osicom Technologies v Dow Jones
In determining the appropriate forum in the case of an alleged libel, the judge had not erred in law and there was ample evidence for him to conclude that it would be inappropriate for the case to be tried here rather than in the United States.
Other Liability Issues
Blumenthal v. Drudge
Section 230 of the Communications Decency Act (CDA) stated that no ISP "shall be treated as the publisher or speaker of any information provided by another information content provider."
Christianne Carafano v. Metrosplash.com, Inc.
Star Trek actress complained about a dating profile posted about her on the defendants website.
Zeran v. America Online
Oklahoma Bombing Case T-shirts that glorified the bombing - had Zeran’s phone number printed on them.
Jane Doe v. America Online, Inc .
Selling child pornography online. AOL were held not liable.
Felix Somm Case
Felix Somm was the head of Compuserve GmbH. He was found guilty of distributing pornogr
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