Volume III

Issue : 3: February 10, 2005

• Court Decides Internet Users More Likely to Confuse Trade-marks
• English Courts Are Not an International Libel Tribunal
• Greek Privacy Regulator Declares Employees' Emails to be Private
• Appellate Court Considers a Discussion Forum's Right to Rely on Section 230 of the CDA
• Piracy Bill Targets Camcorders in Movie Theatres
• Canadian Doctor Suspended for Prescribing Drugs for U.S. Patients
• Quebec Company Fined for Failing to Provide Bilingual Website

Home > Volume III > Issue 3: February 10, 2005 > English Courts Are Not an International Libel Tribunal

English Courts Are Not an International Libel Tribunal

The English Court of Appeal has recently reiterated the conclusion of earlier English cases that in instances of Internet libel, plaintiffs will not be allowed to proceed in England unless a "real and substantial tort" was committed in the jurisdiction. Where only minimal publication and minimal damage to reputation have occurred in England in respect of a publication more widely published elsewhere, the case is likely to be dismissed as an abuse of process. In Dow Jones and Co. Inc. v. Jameel, (2005) EWCA Civ 75, Dow Jones posted an article on the world-wide web servers of the Wall Street Journal online. The article referred to the U.S. government's position with respect to a list of individuals alleged to have funded Osama bin Laden. Despite wide publication on the web, there appeared to have been only five individuals in England who received the article. Five publications did not individually or collectively amount to a "real and substantial tort" in England. The Court noted that the differences between the libel laws of England and those of the United States make England an attractive forum for plaintiffs. However, a negligible connection with the jurisdiction does not justify the claim being brought there. The Court quoted the decision of the House of Lords in Berezovsky v. Michaels [2001] 1 WLR 1004 which said that the Judge was "entitled to decide that the English courts should not be an international libel tribunal for a dispute between foreigners which had no connection with this country".

For more information, visit:
http://www.bailii.org/ew/cases/EWCA/Civ/2005/75.html