In message <[log in to unmask]>,
at 10:15:27 on Tue, 23 Aug 2005, "Smith, Tony"
<[log in to unmask]> writes
>However, I would like opinions about whether the service provider that
>was hosting the chat room could be the (legal) person that was in
>trouble in the original situation.
They have immunity under the Electronic Commerce Directive, until put on
notice.
However, there's no official benchmark for being put in notice, or the
degree of "proof" that's required that the items are defamatory. It
certainly doesn't involve waiting around until a court decides so, but
nor is the complainant's word final.
In practice, the ISP has to make a (somewhat unwelcome, for them)
decision. Some might seek an indemnity from the individual, which in
most cases will cause them to crumble, so the bully employer wins.
Others will take a more robust view of "see you in court", in which case
most complainants will back off.
At this stage the sensible chatline customer will transfer his business
to an offshore provider, UK plc will lose some business, and any future
complaints will fall on much stonier ground.
>If they could be in trouble, might they not have to release the e-mails?
After being put on notice their reaction (if they think there is a
personal libel involved) is likely to be to delete the material. There
is no obligation to retain it, unless already served a court order.
--
Roland Perry
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|