McGrath & Anor v Dawkins & Ors (Rev 1) [2012] EWHC B3 (QB) (30 March 2012)

McGrath & Anor v Dawkins & Ors (Rev 1) [2012] EWHC B3 (QB) (30 March 2012)

Amazon EU SARL is entitled to rely on the statutory defence under Regulation 19 of the Electronic Commerce Regulations 2002, as the claimant failed to provide sufficient notice and particulars to overcome the defence; claim against Amazon is struck out. Summary judgment applications by Professor Dawkins and the Dawkins Foundation UK are refused as disputed issues of fact remain regarding responsibility for publication and approval of postings. The issue of liability for the Dawkins Foundation UK is fit for trial due to unresolved questions about website linkage and operational control.

Citation
[2012] EWHC B3
Parties
First Claimant: Christopher Anthony McGrath; Second Claimant: MCG Productions Limited; First Defendant: Professor Richard Dawkins; Second Defendant: The Richard Dawkins Foundation for Reason and Science; Third Defendant: Amazon EU SARL (trading as Amazon.co.uk); Fourth Defendant: Vaughan John Jones
Jurisdiction
England and Wales
Judgment Date
30 March 2012
Procedural Posture
Internet Libel Action / Interim Applications for Summary Judgment and Strike Out
Outcome
Claim against Amazon EU SARL struck out; summary judgment applications by Professor Dawkins and Dawkins Foundation UK refused; issues regarding responsibility for publication and defamatory meaning to proceed to trial.
Legal Topics
Liability of Website Operators, Statutory Defences for Isps, Defamatory Meaning, Responsibility for Publication, Abuse of Process
Defamation Internet Law Tort Liability of Website Operators Statutory Defences for Isps Defamatory Meaning Responsibility for Publication Abuse of Process

Case Brief

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Parties

Christopher Anthony McGrath

First Claimant

MCG Productions Limited

Second Claimant

Professor Richard Dawkins

First Defendant

The Richard Dawkins Foundation for Reason and Science

Second Defendant

Amazon EU SARL (trading as Amazon.co.uk)

Third Defendant

Vaughan John Jones

Fourth Defendant

Procedural Posture

Internet Libel Action / Interim Applications for Summary Judgment and Strike Out

Legal Issues

  1. 1 Responsibility for publication by website operators and moderators
  2. 2 Whether words complained of are capable of bearing defamatory meanings
  3. 3 Application of statutory defences under Defamation Act 1996 and Electronic Commerce Regulations 2002

Ratio Decidendi

Amazon EU SARL is entitled to rely on the statutory defence under Regulation 19 of the Electronic Commerce Regulations 2002, as the claimant failed to provide sufficient notice and particulars to overcome the defence; claim against Amazon is struck out. Summary judgment applications by Professor Dawkins and the Dawkins Foundation UK are refused as disputed issues of fact remain regarding responsibility for publication and approval of postings. The issue of liability for the Dawkins Foundation UK is fit for trial due to unresolved questions about website linkage and operational control.

Court Disposition

Claim against Amazon EU SARL struck out; summary judgment applications by Professor Dawkins and Dawkins Foundation UK refused; issues regarding responsibility for publication and defamatory meaning to proceed to trial.

Orders

  • Claim against Amazon EU SARL dismissed.
  • Summary judgment refused for Professor Dawkins and Dawkins Foundation UK.