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| Topic: |
Business
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| Number of pages / Number of words: |
13 / 3419 |
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Thus every time one of the Defendants' customers accesses "soc culture thai' and sees that posting defamatory of the Plaintiff there is a publication to that customer." (5)
The Defendants had a choice but they did "chose to store "soc.culture.thai" postings within their computers." Furthermore, the Defendants had the chance and option to "obliterate [the defamatory posting] and indeed did so about a fortnight after receipt" according to Mr Justice Morland's decision...
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However, Demon Internet did not intentionally remove the message in question but it was removed automatically from Demon Internet's news server approximately 15 days after its initial publication.
According to Mr Justice Morland, "this posting was squalid, obscene and defamatory of the plaintiff." Furthermore, in the judgment of Mr Justice Morland, "the defamatory posting was published by the Defendants and, as from the 17th January 1997 they knew of the defamatory content of the posting, they cannot avail themselves of the protection provided by Section 1 of the Defamation Act 1996 and their defence under Section 1 is in law hopeless...
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