Judge fuels controversy over ISPs' libel responsibility

Internet civil rights group Cyber Rights and Cyber Liberties has called for an urgent government review of ecommerce law governing ISPs' liability for content.

The call comes after the US Supreme Court upheld a ruling exempting ISPs of liability for content.

This ruling flies in the face of a UK judge's decision in the Dr Laurence Godfrey vs. Demon Internet case, which was settled out of court earlier this year after the courst indicated Demon would be liable for the content published on its servers.

Yaman Akdeniz, director of the Cyber Rights and Cyber Liberties UK, is looking for immediate clarification in relation to ISPs' potential liability for content on its servers. He said: "We need to follow the US approach. Parliament should urgently look into the matter if the government is serious about making the UK the best place for ecommerce development."

The latest ruling is in the case of high school student Alexander Lunney vs ISP Prodigy Communications Corp.

An imposter had used Lunney's name to send obscene emails and postings via Prodigy's service and he sued the ISP for defamation. The Supreme Court on Monday threw out the case saying Prodigy could not be considered the publisher of the material.

Nicholas Lansman, secretary general for the ISP Association (ISPA), said the US case was a very positive development, and backed up Akdeniz's call for greater clarity on the subject in the UK. "We are greatly concerned that ISPs have to act as judge and jury in these cases at present," he said.

The case indicates the gulf between the UK and US on the issue. While the libel case between Godfrey and Demon was settled out of court, the judge's preliminary ruling that ISPs are liable for content held on their servers remains a point of law in the UK, and sets a precedent.

Lawyers today said the US case would have little bearing on the UK position, except to fuel the debate on the issue. They pointed instead to the EU Ecommerce Directive, currently going through its final draft stages, which will direct Europe-wide legislation on the topic.