February 21, 2013
Can Google Be Liable for Defamatory Comments Made on A Blog Which it Hosted?
The answer is maybe. Neil Foster (Newcastle) sends word of an interesting English Court of Appeals case: Tamiz v. Google Inc. The court found that, in some circumstances, Google could be liable for defamatory comments made on a blog hosted by Google: "Thus, if Google Inc allows defamatory material to remain on a Blogger blog after it has been notified of the presence of that material, it might be inferred to have associated itself with, or to have made itself responsible for, the continued presence of that material on the blog and thereby to have become a publisher of the material."
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It is easier to win a defamation case in England than the US. So far as I know, Title 47, Section 230 protects third party hosting agents in the US from defamation claims. There is quite a bit of case law to support immunity in the US. But a word to the wise is sufficient. Be careful when posting on British websites.
Posted by: Tony Francis | Feb 21, 2013 3:15:48 PM