This is interesting, I thought, as I have numerous moonbats and fruitcakes wandering in without wiping their feet properly and I don’t pre moderate comments. So where do I stand if one of Dolly’s anonyboys writes that the Conservative MP for Fulchester likes to suck off choirboys?
I’ve done some research.
Now the Right Honourable Gentleman could certainly try and sue me. He’d have to prove that I sanctioned its publication though and I didn’t, because I don’t premoderate. I’d certainly remove it if it weren’t true after it was brought to my attention of course. I do try and read all the comments on my blog for this reason.
So what does the law say?
“Under the Defamation Act 1996, a website host will have a defence to a claimfor libel if he can show that (i) he was not the author, editor or publisher of the statement complained of, (ii) he took reasonable care in relation to its publication, and (iii) he did not know and had no reason to believe that what he did caused or contributed to the publication of the defamatory statement. The defence under the E-commerce Regulations is expressed in similar terms.
I see an important argument being that if someone sprays “Gordon is a cock” up your garage wall, you would remove it but you are not liable for libel merely by the fact you have a garage wall.
