ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD

ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD

The court concluded plaintiffs did not meet the stringent threshold for an interlocutory injunction in defamation; defendants operated as passive hosts/ISPs capable of invoking innocent dissemination, removed complained-of material upon notice, and pre-moderation was impracticable and would unduly infringe freedom...

Source-derived case information.

Citation
ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD
Parties
1st Plaintiff: Oriental Press Group Limited; 2nd Plaintiff: Oriental Daily Publisher Limited; 3rd Plaintiff: The Sun News Publisher Limited; 4th Plaintiff: Ma Ching Kwan; Defendant: Fevaworks Solutions Limited; Defendant: Alive! Media & Communications Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 2009
Case Number
HCA2140/2008
Procedural Posture
Interlocutory Injunction Application in Defamation Actions Involving Internet Publications / Heard in Chambers; Interlocutory Application Determined; Judgment Delivered
Outcome
Plaintiffs' summons for interlocutory injunction dismissed; no interim restraining order granted
Legal Topics
Interlocutory Injunction, Publication by Isps, Innocent Dissemination, Website Hosting Liability, Procedural Threshold for Interim Relief
Source Language
en
Defamation Internet/technology Law Civil Procedure Freedom of Expression Interlocutory Injunction Publication by Isps Innocent Dissemination Website Hosting Liability +1 more

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Parties

Oriental Press Group Limited

1st Plaintiff

Oriental Daily Publisher Limited

2nd Plaintiff

The Sun News Publisher Limited

3rd Plaintiff

Ma Ching Kwan

4th Plaintiff

Fevaworks Solutions Limited

Defendant

Alive! Media & Communications Limited

Defendant

Procedural Posture

Interlocutory Injunction Application in Defamation Actions Involving Internet Publications / Heard in Chambers; Interlocutory Application Determined; Judgment Delivered

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain alleged defamatory postings on a public internet forum
  2. 2 Whether the defendants are publishers or merely passive hosts/ISPs (innocent disseminators) and thus liable
  3. 3 Whether plaintiffs satisfied the stringent Bonnard v Perryman test for interlocutory injunctions in defamation

Ratio Decidendi

The court concluded plaintiffs did not meet the stringent threshold for an interlocutory injunction in defamation; defendants operated as passive hosts/ISPs capable of invoking innocent dissemination, removed complained-of material upon notice, and pre-moderation was impracticable and would unduly infringe freedom of speech; accordingly the interlocutory injunction application was dismissed and costs were ordered against plaintiffs.

Court Disposition

Plaintiffs' summons for interlocutory injunction dismissed; no interim restraining order granted

Orders

  • Summons dismissed (interlocutory injunction refused) in HCA2140/2008 and HCA597/2009
  • Order nisi for costs to defendants in both actions