Keith-Smith v Williams | |
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Court | High Court of Justice |
Decided | 21 March 2006 |
Citation(s) | [2006] EWHC 860 (QB) |
Court membership | |
Judge(s) sitting | Macduff J |
Keith-Smith v Williams is a 2006 English libel case that confirmed that existing libel laws applied to internet discussion. [1]
It was important because it was seen as the first UK internet libel case that represented two individuals rather than one party being an Internet Service Provider, [2] and was the first British case involving a successful prosecution of an individual poster within a chat room. [3] [4] The Manchester Evening News claimed that this contradicted a common assumption among bloggers that it was the publisher and not the writer who was responsible for any libel claims that they may generate. [5]
Mark Stephens, the head of media law at Stephens Finer Innocent, characterised the case as "a dark day for freedom of speech with broad implications", [6] which was denied by the plaintiff Michael Keith Smith. [7]
The case involved unemployed ex-teacher Tracy Williams falsely accusing a former UKIP candidate, Michael Keith Smith, of being a sexual offender and racist bigot. [8] Williams had posted as Gosforth. [9]
The court ordered her to pay £10,000 plus costs. [10] [11] Although the accusations were made in a Yahoo discussion group with about 100 members, damages were awarded as the remarks were available throughout the world. [12]
Defamation, at a first approximation, is any form of communication that can injure a third party's reputation. This can include all modes of human-understandable communications: gestures, images, signs, words. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity and honour. For a communication to be considered defamatory, it must be conveyed to someone other than the defamed. Depending on the permanence or transience of the communication medium, defamation may be distinguished between libel and slander. It is treated as a civil wrong, as a criminal offence, or both. The exact definition of defamation and related acts, as well as the ways they are dealt with, can vary greatly between countries and jurisdictions; for example, whether they constitute crimes or not, to what extent insults and opinions are included in addition to allegations of facts, to what extent proving the alleged facts is a valid defence.
Mostyn Neil Hamilton is a British former barrister and politician who has been leader of the UK Independence Party (UKIP) since 2020. He was the Conservative Member of Parliament (MP) for Tatton from 1983 to 1997 and a UKIP Member of the Senedd (MS) for Mid and West Wales from 2016 to 2021.
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The Conservative Democratic Alliance (CDA) was a political pressure group from the United Kingdom. The CDA referred to itself as the "authentic voice of conservatism". It closed in December 2008.
Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.
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Michael Keith Smith, was the founder-chairman of the Conservative Democratic Alliance, a British right-wing pressure group. He was also the successful claimant in Keith-Smith v Williams, a landmark English libel case in 2006 that confirmed that existing libel laws applied to internet discussion. Smith died after jumping from the keep at Portchester Castle on 3 July 2010.
Libel tourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defenses for those accused of making derogatory statements.
Political repression of cyber-dissidents is the oppression or persecution of people for expressing their political views on the Internet.
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Censorship in Denmark has been prohibited since 1849 by the Constitution:
§ 77: Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan, however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court cases barred strict liability for libel and forbade libel claims for statements that are so ridiculous as to be obviously facetious. Recent cases have added precedent on defamation law and the Internet.
Obsidian Finance Group, LLC v. Cox is a 2011 case from the United States District Court for the District of Oregon concerning online defamation. Plaintiffs Obsidian Finance Group and its co-founder Kevin Padrick sued Crystal Cox for maintaining several blogs that accused Obsidian and Padrick of corrupt and fraudulent conduct. The court dismissed most of Cox's blog posts as opinion, but found one single post to be more factual in its assertions and therefore defamatory. For that post, the court awarded the plaintiffs $2.5 million in damages. This case is notable for the court's ruling that Cox, as an internet blogger, was not a journalist and was thus not protected by Oregon's media shield laws, although the court later clarified that its ruling did not categorically exclude blogs from being considered media and indicated that its decision was based in part upon Cox offering to remove negative posts for a $2,500 fee. In January 2014 the Ninth Circuit Court affirmed in part and reversed in part the district court's judgment awarding compensatory damages to the bankruptcy trustee. It also ordered a new trial on the blog post at issue.
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This list of Internet censorship and surveillance in Europe provides information on the types and levels of Internet censorship and surveillance that is occurring in countries in Europe.
This list of Internet censorship and surveillance in the Americas provides information on the types and levels of Internet censorship and surveillance that is occurring in countries in the Americas.
This list of Internet censorship and surveillance in Africa provides information on the types and levels of Internet censorship and surveillance that is occurring in countries in Africa.