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Hong Kong Case Law

Notice-board analogy
  • 4 Jul 2013

    ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD

    Citation
    ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD<br>
    Court
    Court of Final Appeal
    Case number
    FACV15/2012

    Providers of interactive many-to-many internet forums are in law publishers but, given their role, they are typically subordinate publishers entitled to invoke the common law innocent dissemination defence; a person is a first/main publisher if he knows or can easily acquire knowledge of content and has realistic editorial control to prevent publication; the respondents met the defence because they lacked prior knowledge given massive traffic, had limited realistic pre-publication control, and took prompt reasonable steps to remove the offending posts once aware; Byrne v Deane notice-board pr…