Feeds

Demon successfully challenges Bulger injunction

Not liable for postings on its Web pages

  • alert
  • submit to reddit

Top three mobile application threats

A British ISP has successfully challenged an injunction aimed at shielding the identities of the killers of James Bulger.

Thus, which runs the ISP Demon Internet, applied to the High Court to clarify the position of ISPs regarding the ruling. It wanted the order changed so it would not be held liable for material on its Web pages.

Dame Elizabeth Butler-Sloss, president of the Family Division - the body responsible for hiding the whereabouts and identities of killers Robert Thompson and Jon Venables - agreed the injunction was "inappropriate" in relation to ISPs.

Butler-Sloss approved alterations to the injunction, which, according to a statement by Thus, now applies to ISPs "if they have actual knowledge and failed to take reasonable steps to prevent publication."

Thus said it took the matter to the High Court because it was worried it could have broken the injunction through no fault of its own.

"What we are seeking to do today is to establish the breadth and scope of this injunction and its implications to Internet Service Providers (ISPs)," it said in a statement before today's decision.

"We fully appreciate the seriousness of the issues dealt with in the injunction and fully support the law in this matter.

"We have applied to the High Court to provide clarity that will enable ISPs to interpret the injunction."

It added: "We are concerned that we could be in the position where technically we are in contempt of Court because of material published of which we have no knowledge."

Two years ago Demon agreed to pay $15,000 damages to scientist Laurence Godfrey after failing to remove defamatory postings on newsgroups it hosted.

According to the Internet Service Providers Association (ISPA), the current situation for UK ISPs and material posted on their Web pages is pretty murky. The industry is waiting for legislation via the E-Commerce Directive, due later this year, which is expected to state that if ISPs are informed of such content, they must remove it from their Web sites. ®

Related Stories

Demon coughs up damages in Godfrey libel case
Demon libel loss could cripple Internet free speech

Build a business case: developing custom apps

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.