Intellectual Property Lawyers l Digital Media Solicitors
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Online Libel Lawyers Explains history of Internet libel

 

Online libel lawyers

Specialist online libel lawyers explain the history of online libel- The Demon Case
 
The first reported UK Internet defamation case was Godfrey v Demon Internet Limited in 1999. Since then unwarranted and unkind slander on UK websites has been prolific.

In particular online discussion groups have proven to be the worst offenders. It’s a pity that things have gone this way since online discussion groups are invariably created so that consumers could benefit from each other’s experiences.

But online discussion groups are not necessarily being used correctly in all cases.

So if you are the subject of “squalid, obscene and defamatory content”, what can you do about it? Well, as you might expect, the law is complicated. Principally you must consider whether the defendant is a primary or a secondary disseminator.

Online defamation lawyers – Common Law

At common law the primary disseminator, the leading publisher is strictly liable whether or not it knew the defamatory content. The subordinate or secondary disseminator could take advantage of the common law defence of innocent distribution.

The Defamation Act 1996

The Defamation Act 1996 (“the Act”) tries to legislate for the common law position.

Under Section 1(1) of the Act there is a defence if you can show that you did not write, edit or publish the alleged defamatory statement and you took reasonable care in relation to its publication and you did not know nor had reason to believe that you did or cause or contributed to the release of a defamatory statement.

Under Section 1(2) of the Act “author”, “editor” and “publish” are defined.

Section 1(3) of the Act then sets out people who are likely to be secondary disseminators.

However, even if the online publisher escapes being classed as an editor or commercial publisher it could still be liable if it fails to take the standard of care set out in S1(1) (b) and (c) of the Act.

In the Demon case, the judge found that Demon was not a publisher within the meaning of S1(2) and 1(3) of the Act and could avail itself of the defence under S1(1) of the Act. But the judge found that Demon published the contents of the newsgroups within the common law meaning in that its activity was more than innocent as it chose to host the particular newsgroup on which the offending material was posted. According to the judge in the Demon case if you know about the defamation and you don’t take it down, then you face an “insuperable difficulty” in any defence under S1(1) of the Act. In other words, the S1(1) defence is not available to you once you have received a takedown notice of the defamatory material.

Further under the Act previous conduct or character can also negate the S1(1) defence as can the extent of responsibility for the content and the decision to publish it and the nature or circumstances of the publication.

Damages

Substantial damages have been awarded as online libel lawyers brought lawsuits. £450,000 awarded to Western Provident Union in its case against Norwich Union was. Damages of £101,000 awarded to Mr Andrew against British Gas for postings on an Intranet.

Libel lawyers – Limitation

There is a one year limitation period for libel. Each publication gives rise to a separate cause of action. The procedure to getting a resolution to online defamatory content is tricky and fraught with difficulty, not least because of recalcitrant defendants and smart opponent lawyers, but with specialist advice, you might be able to get the result you are seeking.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston