Bunt v Tilley & Ors [2006] EWHC 407 (QB) (10 March 2006)

Bunt v Tilley & Ors [2006] EWHC 407 (QB) (10 March 2006)

ISPs who perform no more than a passive role in facilitating internet postings cannot be deemed publishers at common law and are not liable for defamatory content transmitted via their services. The claimant's pleadings disclose no facts capable of establishing knowing participation or responsibility by the ISPs. The ISPs are protected by the Electronic Commerce (EC Directive) Regulations 2002 and s.1 Defamation Act 1996. The claims against the ISP defendants are struck out or summarily dismissed.

Citation
[2006] EWHC 407 (QB)
Parties
Claimant: John Bunt; Defendant: David Tilley; Defendant: Paul Hancox; Defendant: Christopher Stevens; Defendant: AOL UK Ltd; Defendant: Tiscali UK Ltd; Defendant: British Telecommunications plc
Jurisdiction
England and Wales
Judgment Date
10 March 2006
Procedural Posture
Defamation/strike Out Application / Summary Judgment/strike Out Application Pre Trial
Outcome
Claims against the ISP defendants (AOL, Tiscali, BT) struck out or summarily dismissed. No trial required on these claims.
Legal Topics
ISP Liability, Publication in Defamation, Electronic Commerce (ec Directive) Regulations 2002, Defamation Act 1996 S.1, Innocent Dissemination, Summary Judgment, Common Law Publisher Liability
Defamation Internet Law Civil Procedure ISP Liability Publication in Defamation Electronic Commerce (ec Directive) Regulations 2002 Defamation Act 1996 S.1 Innocent Dissemination +2 more

Case Brief

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Parties

John Bunt

Claimant

David Tilley

Defendant

Paul Hancox

Defendant

Christopher Stevens

Defendant

AOL UK Ltd

Defendant

Tiscali UK Ltd

Defendant

British Telecommunications plc

Defendant

Procedural Posture

Defamation/strike Out Application / Summary Judgment/strike Out Application Pre Trial

Legal Issues

  1. 1 Whether an ISP can be liable as a publisher at common law for defamatory statements transmitted via its services
  2. 2 Whether the claims against the ISP defendants disclose a cause of action or should be struck out/summarily dismissed
  3. 3 Whether the ISP defendants are protected by the Electronic Commerce (EC Directive) Regulations 2002 and/or s.1 Defamation Act 1996

Ratio Decidendi

ISPs who perform no more than a passive role in facilitating internet postings cannot be deemed publishers at common law and are not liable for defamatory content transmitted via their services. The claimant's pleadings disclose no facts capable of establishing knowing participation or responsibility by the ISPs. The ISPs are protected by the Electronic Commerce (EC Directive) Regulations 2002 and s.1 Defamation Act 1996. The claims against the ISP defendants are struck out or summarily dismissed.

Court Disposition

Claims against the ISP defendants (AOL, Tiscali, BT) struck out or summarily dismissed. No trial required on these claims.

Orders

  • Claims against the fourth, fifth, and sixth defendants are struck out or summarily dismissed.
  • No injunction or damages awarded against the ISP defendants.