Laws Of .com

Scottish Online Defamation Suit Settles

A Scottish newspaper sued by NATO Secretary General, Lord Robertson, in July 2003 for defamation over allegations posted on its online message board has settled for £25,000 and an apology. Lord Robertson initially sued the Sunday Herald for £200,000 for the "false and calumnious" comments that appeared on the paper's message board for up to three weeks until he brought it to the attention of the paper's editor. The comments were immediately removed and the message board taken offline. Had the suit proceeded to trial, it would have set a legal precedent in Scotland on the issue of a web site owner's liability for defamatory statements posted anonymously. In general, Courts around the world have held that web site owners are not responsible for statements posted to message boards if it is clear they do not monitor the site and are not aware the statements have been posted. However, owners may become liable if they fail to expeditiously remove the defamatory statements once they become aware of their existence on the site, or alternatively, if they authored the statements.

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