UK rules platform provider can be liable for defamatory blogs
In Payam Tamiz v. Google Inc., the UK Court of Appeal has held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted by Google after being notified of the content’s defamatory nature.
Davis Wright Tremaine reports that although the judgment was ultimately in Google’s favor, the decision highlights the significantly different legal principles that govern responsibility for user-generated content in the US and UK.
Whereas in the US ISPs and web site operators are provided with immunity from defamation claims arising from user content (even if the ISP or operator declines to take down alleged defamatory user content following notice), the UK has developed a notice-based liability regime for Internet intermediaries.