Under English law, the “Internet publication rule” allows a person to bring a libel action each time a person is able to access libelous information archived on the Internet. Critics of the rule argue that it has a chilling effect on UK news outlets, since they can be exposed to liability multiple times over the same story. To the dismay of media lawyers, the European court of human rights recently reviewed the rule, and upheld it. In this case, the Times was sued for libel twice by the same man over a story alleging money laundering that appeared first in print and later in Internet archives on the Times website. The Times argued that the Internet publication rule which allowed the second suit breached the right to freedom of expression, was out of step with international libel laws, and would have a chilling effect on the news. The court declined to consider any chilling effect, and held that there was nothing wrong with a rule which helped ensure responsible journalism. The Times is expected to appeal the judgment.
For additional information, visit:
http://www.guardian.co.uk/media/2009/mar/10/times-european-court-single-publication