|
London 22 March 2001 - In a week when web safety has been talked a hot topic UK, a case decided in the Queen's Bench Division (Totalise plc v Motley Fool Ltd and Another) has opened the floodgates for identity on the web to be revealed.
The decision from Justice Robert Owen used Section 10 of the Contempt of Court Act, 1981 and forced two websites to reveal the real name of an anonymous user who was allegedly defaming another company.
The right to anonymity and privacy are no longer guaranteed on the web. The way has been opened for anyone to take web site owners to court and force them to reveal the identity of users who post comments or conduct conversations on their web sites.
Schools and parents, for example, could demand web sites to reveal the identity of people in chat rooms who they suspect are stalking children.
An individual's ability to complain about companies and services and remain anonymous is compromised.
A person's right to a private life under the Human Rights Act is compromised.
If a defamatory comment is posted on a site an ISP can already be liable for these and now website owners and ISPs may have to reveal the name of the person posting the comment.
Simon Halberstam of of Sprecher Grier Halberstam commented "The government passed legislation earlier this year which permits monitoring of communications. This case goes further and potentially a person can never remain anonymous, even where they have good reason to do so. There is a fundamental principle of English Law against self- incrimination and this case might even undermine that."
SPRECHER GRIER HALBERSTAM LLP
Sprecher Grier Halberstam specialise in e-commerce and domain name disputes.
For further information on this or to discuss Ecommerce issues please contact Simon Halberstam of Sprecher Grier Halberstam on 020 7544 5555 or email at simonh@sghlaw.com
[Archived News]
|
