ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER

ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER

Defendants were held to be subordinate distributors rather than principal publishers; they were liable for the March 2007 postings because they were notified and negligently delayed removal (failure to establish innocent dissemination), but they established the defence for the October 2008 and January 2009 postings because removal on notice was timely; consequentially judgment entered for plaintiffs in respect of the March 2007 words and the separate March 2009 action dismissed.

Citation
ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER
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; 1st Defendant: Fevaworks Solutions Limited (trading as Alive! Media and Communications); 2nd Defendant: Alive! Media & Communications Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 February 2011
Case Number
HCA597/2009
Procedural Posture
Defamation / Judgment (court of First Instance, Handed Down 25 February 2011)
Outcome
Liability established against defendants for March 2007 words; defendants not liable for October 2008 and January 2009 words; Mar 2009 action dismissed; judgment entered in Oct 2008 action for limited relief.
Legal Topics
Publication, Innocent Dissemination, Internet Forum Liability, Meaning and Sting of Words, Damages
Source Language
EN
Defamation Internet Law Media Law Civil Procedure Publication Innocent Dissemination Internet Forum Liability Meaning and Sting of Words +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 (trading as Alive! Media and Communications)

1st Defendant

Alive! Media & Communications Limited

2nd Defendant

Procedural Posture

Defamation / Judgment (court of First Instance, Handed Down 25 February 2011)

Legal Issues

  1. 1 Whether the words complained of were defamatory of the plaintiffs
  2. 2 Whether the defendants were the publishers of the words or merely subordinate distributors
  3. 3 Whether the defence of innocent dissemination is available to the defendants

Ratio Decidendi

Defendants were held to be subordinate distributors rather than principal publishers; they were liable for the March 2007 postings because they were notified and negligently delayed removal (failure to establish innocent dissemination), but they established the defence for the October 2008 and January 2009 postings because removal on notice was timely; consequentially judgment entered for plaintiffs in respect of the March 2007 words and the separate March 2009 action dismissed.

Court Disposition

Liability established against defendants for March 2007 words; defendants not liable for October 2008 and January 2009 words; Mar 2009 action dismissed; judgment entered in Oct 2008 action for limited relief.

Orders

  • Judgment entered for the plaintiffs in respect of the March 2007 postings against the defendants
  • Damages awarded: HKD 100,000 to be paid to the 1st and 2nd plaintiffs (Oriental Press Group Ltd and Oriental Daily Publisher Ltd) jointly in respect of the March 2007 words